Ossian Smyth (Dún Laoghaire, Green Party) | Oireachtas source

I welcome Senator Higgins’s concern that the 51% reduction target could somehow be missed. The relevant subsection is (5). The Senator thinks there is a loophole in it and it is possible for a 51% reduction not to be made in the first two carbon budgets, which will cover the period up to December 2030. The subsection states "The first two carbon budgets proposed by the Advisory Council shall provide for a reduction in greenhouse gas emissions such that the total amount of annual greenhouse gas emissions in the year ending on 31 December 2030 is 51 per cent less than the annual greenhouse gas emissions reported for the year" and so on. That is crystal clear. There is not wording such as "consider" or "have regard to". The subsections states "the Advisory Council shall".If it did not do it, it would be illegal. It is followed by sections 6A(6), which indicates:

Not less than 12 months prior to the expiry of the first carbon budget in a carbon budget programme, the Advisory Council shall prepare and submit to the Minister— (a) a proposed carbon budget in respect of the budget period following the third budget period in the carbon budget programme, and

(b) proposed amendments, if any, to the provisional carbon budget.

I cannot see a way that the 51% target can be avoided. There are two carbon budgets leading to 2030 and they shall be proposed by the advisory council in such a way that they meet a 51% target before being approved by the Government, subject to any amendments. I cannot see any logical way to avoid meeting that level. Could the Senator describe a scenario where we would not meet the 51% figure, or the carbon budget would see the figure of 41% or 31% that could be approved and somehow be consistent with the law? I cannot see it.