Climate change bill passed

Carbon budget approach to setting climate targets agreed. Legislation that will see Scotland move to using five-year carbon budgets to set climate targets has been passed.

The Climate Change (Emissions Reduction Targets) (Scotland) Bill amends the Climate Change (Scotland) Act 2009 to introduce limits on the amount of greenhouse gases emitted in Scotland over a five-year period.

The move, which is based on recommendations from the independent Climate Change Committee (CCC), aims to provide a more reliable framework for emissions reduction. This is because the previous annual emissions targets are vulnerable to year-to-year fluctuations caused by events such as a particularly cold winter or a global pandemic.

The legislation enables the carbon budgets to be set through secondary legislation based on the expert advice from the Climate Change Committee. The bill also changes the current deadline to finalise the next Climate Change Plan for Scotland so the Plan can align with the process for setting the new carbon budgets.

Acting Net Zero Secretary Gillian Martin said: “Scotland is now halfway to net zero and continues to be ahead of the UK as a whole in delivering long term emissions reductions.

“The Scottish government’s commitment to ending Scotland’s contribution to global emissions by 2045 at the latest, as agreed by Parliament on a cross-party basis, is unwavering. It is crucial that our target pathway to 2045 is set at a pace and scale that is feasible and reflects the latest independent expert advice. 

“Carbon budgets are an established model for assessment of emissions reductions used by other nations including Japan, France, England and Wales, and they will include emissions from international aviation and shipping and there will be no provision to “carry over” emissions from one carbon budget to another.

“We will continue leading on climate action that is fair, ambitious and capable of rising to the emergency before us and reflects our commitment to the ambition of credible emissions reduction.”

Colin Hamilton, Head of Planning at Gillespie Macandrew LLP commented: “The Bill responded to the Climate Change Committee (CCC)'s assessment that achieving Scotland’s 2030 interim net zero carbon target was now beyond what was credible. From a planning perspective, removing the interim targets might be seen to reduce the urgency for decarbonisation of development in the near term.

“However, considering National Planning Framework 4 (NPF4)’s strong emphasis on the climate crisis and the CCC’s criticism of decarbonisation progress, abolishing the interim targets could have the opposite effect; those whose developments contribute to meeting the 2045 target may well argue that their contributions are now more crucial than ever.”

Steven Stewart, Director and Head of ESG at Burness Paull LLP, said: “While headlines surrounding the amendments to the Climate Change (Scotland) Act will focus on the removal of interim emissions targets—especially given their political significance when first announced—addressing the climate emergency was never going to be without its challenges.

“It was disappointing to read the Climate Change Committee’s criticism earlier this year concerning the credibility of these interim targets and Scotland’s decarbonisation strategy. However, Scotland will need to remain agile and make adjustments as needed along the critical path towards the ultimate net zero target by 2045.

“The shift to carbon budgets on a five-year cycle will offer a more realistic measure of Scotland’s underlying progress and should be welcomed. This new, more realistic approach to target-setting now requires backing by ambitious plans and a substantial increase in the pace of delivery.”

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