Supreme Court judge delivers speech on climate change

In a speech to the Oxford Centre for Islamic Studies, justice of the Supreme Court, Lord Carnwath explored the role of national courts in giving effect to governmental policy commitments in the area of climate change and the environment, looking particularly to the UN Climate Change Conference in Paris.

The lecture examined, among other things, “how the courts, properly respecting the limits of their constitutional role, can provide a vital legal springboard for political action” and individual countries’ attempts to tackle climate change.

Of the UK, Lord Carnwath said: “Turning to the United Kingdom, this country has been one of the leaders in climate change legislation. The Climate Change Act 2008 was passed in the House of Commons with only five votes against. It imposed a duty on the Secretary of State to ensure that the net emissions of greenhouse gases for the year 2050 are at least 80% lower than the 1990 baseline.”

He added: “It provides the machinery for the Secretary of State to set statutory “carbon budgets” for successive five year periods, starting from 2008-12. The Act established an independent Climate Change Committee to give expert advice under the Act, including on the setting of the carbon budgets. Four budgets have already been set on the basis of a reduction of emissions by at least 50% in 2025 compared to 1990.

“Advice on the level of the fifth carbon budget for the period 2028-32 is due later this year. The independence of the committee was underlined recently by the exchange of letters between the chairman and the Secretary of State commenting critically on the apparent “policy gap” left by some recent government announcements, and the consequent uncertainty over the future direction of low-carbon policies.”

Read the full speech here.