Dr. Thomas Muinzer:

I will speak briefly about some slight differences between our 2015 Act, as amended, and the UK Act and then address the very good question on the identifiable failures under the UK regime that Ireland may sidestep or avoid in this sort of case. In terms of some headline similarities and differences, the texture of the UK's Climate Change Act is more business, energy and industrial strategy, BEIS, orientated. It puts primary duties in terms of targets and other areas on the Secretary of State for Business, Energy and Industrial Strategy, a member of the UK Government. It has a tendency to deal with economy-wide targets. Arguably, there is a more sectoral texture in the Irish legislation. I am thinking of measures such as the sectoral adaptation plans in section 6 and so on. There is a nice sectoral texture in the Irish legislation that acknowledges the different sectors that pose different problems. There is a slight orientation towards economy-wide targets and an economy-wide approach to perspective in the UK Act but there is a nice character in the texture of the Irish Act that may be its strong suit.

In terms of other differences between the two Acts, in the Irish legislation the Government has a comparatively large concentration of power. There is a fine balance in the UK legislation between the UK Parliament and the Government parties approving carbon budgets and so on. There is a sharper articulation of the separation of powers. Arguably, the courts can do more in the UK context, which is a branch of governance within our executive. We talk about judicial review, JR. There is a relatively well developed capacity for JR under the UK legislation.

As to whether this is a positive or negative development, one may take one's own view but in terms of the 2050 objective, under the Irish legislation the emphasis is on the State. In the UK legislation, the emphasis is on the Secretary of State, an identifiable actor within the UK Government. In the Scottish legislation, when it comes to duties, for example, and the net zero duty for 2045, the emphasis is on the Scottish ministers. That is slightly different as it is on the collective Scottish Government. Those are areas we might want to talk more about. There are some divergences which I suggest create arguable strengths and weaknesses but I would flag some of those differences. There is a richly developed sectoral character in the Irish legislation that seems to be quite useful.