The Climate and Nature Bill has its second reading in Parliament on 24 January and we’re one of hundreds of organisations supporting the proposed change in legislation. Its aim is to require the UK government to put stronger policy and action in place with important principles that go much further than the existing Environment Act.

The Bill is supported by many of our clients and others in our network, and it aligns with our own actions on climate and biodiversity. But as a law firm, we want to be clear about the intentions and possible repercussions before we support any changes to the law. With this in mind, we have carried out a comprehensive analysis of the draft law before deciding to support it. This blog sets out some of the key elements of the Bill for those who don’t have a team of lawyers at their fingertips but want to know more.  

Key elements of the Bill

Under the Bill, the UK will have to achieve specific climate and nature targets to reduce our overall contribution to greenhouse gas emissions to net zero and to stop and reverse degradation and loss of nature in the UK and overseas.

In relation to global heating gas emissions, the Bill gives the Secretary of State a duty to implement a strategy to achieve those targets, with annual interim targets to:

  • Limit the UK’s total CO2 emissions to its proportionate share of the global carbon budget.
  • Reduce CO2 emissions from imports to the UK’s proportionate share of the global carbon budget.
  • Reduce other greenhouse gas emissions and not just carbon dioxide.
  • Put an end to exploration/extraction/export and import of fossil fuels as quickly as possible.
  • Minimise damage to ecosystems, food and water availability, and human health, as far as possible when taking the above actions.

On nature, the Bill requires the UK to restore and expand natural ecosystems and enhance the management of cultivated ecosystems. All activities in the UK which affect the health, abundance, diversity and resilience of species, populations and ecosystems should prioritise the avoidance of the loss of nature, through adherence to a Mitigation and Conservation Hierarchy.

The UK will also be required to take every step to avoid/limit/restore or otherwise offset the adverse impact in the UK and overseas on ecosystems and human health of UK-generated production and consumption of goods and services. This also applies to all related trade, transport and financing (including extraction of raw materials, deforestation, land and water degradation, pollution and waste production).

In achieving these actions, the government will, amongst other measures, be required to make sure there is an overall positive impact on local communities with a high deprivation rating, on young people, and on people with protected characteristics under the Equality Act. This must include financial support and retraining for people whose livelihoods and jobs are affected, including transitioning out of high impact industries. The Bill would also establish a Climate and Nature Assembly to advise the Secretary of State. The Assembly will consider relevant expert advice and publish its recommendations for measures to be included in the strategy. The existing government committees on Climate Change and Joint Nature Conservation will review these recommendations and expert advice and publish their proposals. The proposals will have to include all Assembly recommendations that have the support of 66% or more of its members (unless there are exceptional and compelling reasons not to do so). They must also recommend annual emissions budgets for each greenhouse gas for the UK, Scotland, Wales and Northern Ireland.

Benefits of the Bill

We’re encouraged to see that the Bill considers climate and nature together, rather than in silos, and there is strong scientific underpinning for many of the requirements. By setting targets for methane and other non-CO2 gases as well as CO2, the measures, importantly, take a more holistic approach to reducing climate heating. And the commitment to ending fossil fuel production and imports as soon as possible is a powerful one.

We are impressed to see that, through the Assembly, the Bill includes citizens at the heart of decision making and that it considers people and planet in equal measure, weaving just transition principles into the proposals. Its focus on the UK’s impacts outside of our borders is innovative and hugely progressive and will mean the UK could have a sizeable impact on global climate action. It is also right that the Bill prioritises the avoidance of nature decline, rather than simply limiting it.

Any concerns?

The Bill is forward thinking and ambitious enough to get us in sight of a net zero future. Whilst there are some additions we would have liked to see included, we also think it unlikely that all its provisions would make it onto the statute books unamended if passed. The new Labour government is committed to strong economic growth, which may not be compatible with the potentially infinite costs of taking “every step” to avoid, limit, restore and offset the impacts on nature. And to implement the requirement to “minimise damage to… human health” associated with climate change might be a challenge too far given that it would require a step change in both policy and funding – this area has received scant attention to date. Nevertheless, we hope that, even if it is not possible to implement those proposals which are at the more advanced end of the scale, these far-reaching proposals will move the needle on Parliamentary debate and achieve further acceptance of the scale of funding and support needed to achieve them. In light of this, and despite any provisions that may be watered down in future, we will support the Bill in its journey through Parliament along with many stakeholders across business, communities and public bodies.

What’s next?

On the 24th of January, the Bill will see its second reading in the House of Commons. Its main principles will be debated, and MPs will vote on it proceeding to the next stage, where each clause and any amendments will be closely debated. To follow and support the Bill – you can join the Zero Hour campaign here. And if you’re interested in joining a group of businesses and campaign group leaders who want to make sure that, as organisations, we’re taking our part in addressing  climate change, sign up for the Transition Lobby events we’re hosting in February and March here.