Climate judgment and mitigation plan
Deputy Connolly argued the Supreme Court had found the climate mitigation plan unlawful and demanded a timetable for a new plan and related steps. The Taoiseach said the judgment was important, that the Government was studying it seriously, and that a strong climate Bill was a key priority.
Baineann mo cheist le hathrú aeráide, go háirithe an cinneadh a rinne an Chúirt Uachtarach ar an lá deireanach de mhí Iúil. Dúradh sa bhreithiúnas sin go raibh an plean, the mitigation plan, mídhleathach, go háirithe ó thaobh na ndualgas a bhí ar an Rialtas plean a leagan amach ag comhlíonadh na ndualgas a bhí air faoin reachtaíocht 2015. Significantly, on 9 May last year, we declared a climate emergency. We did so for very good reason: because the word "challenges" does not capture what we face with climate change. The Taoiseach himself has recognised this in the programme for Government, which refers to the importance of transformational change. The year we declared the emergency, the Climate Change Advisory Council, a body I will come back to because of its lack of gender representation, told us in blunt terms that we would fail as a country and a Government to meet our obligations, notwithstanding the catastrophe we face in 2020 and 2030. Then, on 31 July of this year, the Chief Justice, Mr. Justice Clarke, delivered a unanimous seven-judge Supreme Court judgment in the climate case taken by Friends of the Irish Environment, and I pay tribute to that organisation. They were not objectors; they were very concerned citizens and residents of this country. In that judgment, the Supreme Court quashed the Government's national mitigation plan. Mr. Justice Clarke outlined that section 4 of the 2015 Act required the mitigation plan to be specific and that the purpose of requiring the plan to be specific was to allow any interested member of the public to know enough about how the Government intends to meet the national transition objective by 2050 so as to inform the views of the reasonable and interested member of the public as to whether that policy was considered effective and appropriate. The Government has made the argument repeatedly, including in court, and I agree with it, that this is a living document. The court accepted that, but the Chief Justice went on to say, notwithstanding that it is a living document, "it does seem to me to be reasonable to characterise significant parts of the policies as being excessively vague or aspirational". The court went on to quash the plan. We have therefore had no mitigation plan since 31 July, when the Supreme Court quashed it. What has the Taoiseach done about this? I ask him not to tell me he will come back with an action plan or a climate plan within the next 100 days. He may do that, and I would welcome that, but that is not his obligation following this judgment. His obligation is the mitigation plan.
I will come back to gender equality and the Climate Change Advisory Council.
Comment on this
Admhaím go bhfuil an cinneadh sin a dhein an Chúirt Uachtarach dearfach tábhachtach. Caithfimid sa Rialtas cloí leis an gcinneadh sin agus ceachtanna a fhoghlaim. Mar is eol don Teachta, is í an gheallúint is tabhachtaí ag an Rialtas nua ná Bille cuimsitheach láidir ó thaobh cúrsai aeráide de a chur i bhfeidhm. The impact of that Supreme Court judgment is being assessed by the Government. Lessons have to be learned from the entire judgment itself and what the Chief Justice had to say and it is being taken very seriously by Government. The new Government made it clear that one of the key pillars of its programme for Government was climate change more generally and, particularly, the publication of a climate Bill within 100 days. That is important. Work must also commence on a mitigation plan, and I note that the Minister, Deputy Eamon Ryan, will address a range of these issues. We will also take on board any submissions Deputy Connolly has to make, particularly in respect of gender equality as it applies to the Climate Change Advisory Council. Essentially, the issue of the absence of specifics is one that has to be addressed in any new plans or legislation. Obviously, when a judgment of such significance is articulated by the court and decided upon by the Supreme Court, it falls on Government to give that the deepest analysis and assessment, and we will do that, not only in the context of the national mitigation plan but also more widely in terms of climate legislation. Very significant commitments on climate have been made in the programme for Government, and we are determined we will match those commitments with specifics and clear timelines.
Comment on this
I do not know if the Taoiseach realises the significance of the judgment. The mitigation plan has been declared invalid by the highest court in the land. This is beyond a matter learning lessons; it is a matter of acknowledging that the plan was utterly defective and telling us a timescale for the new plan. Under the 2015 Act there is a particular process of consultation. I therefore ask the Taoiseach to tell me what steps have been taken, when the national mitigation plan will be published and the date for its enactment.
As for the Climate Change Advisory Council, there are two female members out of 11. On the adaptation committee there are two female members out of ten. That is totally unacceptable.
I have looked at the programme for Government - I have it here in front of me - and the aspects of it that pertain to this question. I could not disagree with the Government's language. It is wonderful language: "transformative action", "facing the challenges", "learning from Covid", "not going back". I could not agree with the Government more on the language used, but the message going out daily is quite contrary to that. Because of Covid, the Government is telling us not to go on public transport. It is actively advising us not to do so.
In relation to Galway, the Government has utterly failed to respond to 24,000 people begging it to do, at the most basic level, a feasibility study on light rail to fit in with its national plan. I am conscious of time.
Comment on this
I understand the profound nature of the judgment. Of course I do. The Government has only been in office for two or three months. We will deal with these issues. Of course Covid has changed the norm. The Deputy stated the Government is saying not to go on public transport. Public health is saying that and it is advising us. There was a view in this House that we adhered to the broad thrust of public health advice. We hope we will get through Covid and that Covid will pass. Public transport will have a key role in how society is organised in the future. The Government is committed to public transport and the Minister, Deputy Eamon Ryan, is particularly committed to it. He is committed to light rail. He was in Galway recently - I think last week - engaging with people.