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Legislative Measures

Dáil Éireann Debate, Wednesday - 28 April 2021

Wednesday, 28 April 2021

Questions (169)

Eoin Ó Broin

Question:

169. Deputy Eoin Ó Broin asked the Minister for the Environment, Climate and Communications if there are other examples in legislation in which the Government has limited liability from claims for damages or compensation for failure to comply with an Act as in section 4 of the Climate Action and Low Carbon Development (Amendment) Bill 2021 (details supplied). [21534/21]

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Written answers

The Climate Action and Low Carbon Development (Amendment) Bill 2021 will establish a legally binding framework with clear targets and commitments set in law, and provide that the necessary structures and processes are embedded on a statutory basis to ensure Ireland achieves its national, EU and international climate goals and obligations in the near and long term.

The Bill will enact a number of commitments set out in the Programme for Government, including providing that the first two carbon budgets should achieve a 51% reduction in greenhouse gas emissions by 2030, and giving statutory effect to a commitment to achieve a climate neutral economy by not later than 2050.

In order to achieve the statutory objective, the Bill also introduces a number of new policy instruments, including a series of successive carbon budgets and sectoral targets, annual revisions to the Climate Action Plan, and a National Long Term Climate Action Strategy. The Bill establishes a clear relationship, and a requirement for consistency, between these policy instruments and the national climate objective.  Local Authorities will also be required to produce individual Climate Action Plans.

While I am not in a position to advise on examples in other legislation, the intention of the ‘limitation of liability’ provision set out in section 4 of the Bill is to provide that there will be no entitlement to remedy or relief by way of damages or compensation for any failure to comply with the Act or any breaches of obligation thereunder. This inclusion of this clause seeks to limit punitive financial compensation being sought which would limit the State’s ability to fund climate action. However, no other remedy is affected and the obligations in the 2015 Act, and those set out in this Bill when enacted, may be litigated before the Courts. If the Government or any public body fail to deliver on their required obligations, it is open to pursue such matters before the Courts.

The second stage debate on the Bill commenced in Dáil Éireann on 21 April and this stage is expected to conclude this week. I look forward to continued constructive engagement to ensure its timely passage through both Houses of the Oireachtas.

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