A former cabinet minister who voted against the Climate Change Act says that the bill “straps the government in fairly tightly” if a court case is brought against it. Critics argue that due to the nature of the Act, Prime Minister Rishi Sunak will likely face challenges to any u-turns on net zero policy he makes. TV presenter and environmental campaigner Chris Packham recently announced that he would legally challenge Mr. Sunak’s decision to change the government’s timetable to phase out motor vehicles and gas boilers. Last week, the Prime Minister stated that the sale of new fossil fuel cars will be phased out in 2035 instead of 2030, and that only 80% of gas boilers will need to be phased out by that date instead of 100%. Mr. Packham argues that the PM does not have the legal right to make such a decision and that it contravenes the UK’s commitments under the Climate Change Act.
Lord Peter Lilley, a former cabinet minister who voted against the Climate Change Act in 2008, warns that tying net zero objectives into law opens government policies to judicial review, with judges assessing whether current measures will achieve the targets. He believes that the Act straps the government fairly tightly if a court case is brought against it. Environmental organizations, such as Friends of the Earth, ClientEarth, and Good Law Project, have previously challenged the government’s net zero strategy and filed for a judicial review. Lord Lilley argues that the government’s revised net zero strategy shows that the targets won’t be met, potentially leading to more court cases. He also criticizes the cost-benefit of the Act and suggests that it may be identified as a problem in the future.
The Climate Change Committee (CCC), established under the Climate Change Act, advises the government on emissions targets and reports to parliament on progress made in reducing greenhouse gas emissions. The CCC recently released a report expressing concerns about the likelihood of achieving the UK’s future targets and the policy gap to the 2030 goal. It urged the government to adopt greater transparency in updating its analysis at the time of major announcements. Independent climate researcher Ben Pile believes that some eco “lawfare” is an attempt by the Green Blob to circumvent democracy and argues that the Climate Change Act may be identified as a problem that needs repeal.
The government did not answer questions regarding whether the Climate Change Act leaves it open to legal challenges. A spokesperson for the Department for Energy Security and Net Zero stated that the UK is on track to deliver its net zero commitments set out in law and is taking a fairer and more pragmatic approach to meeting them. They argue that the changes made by the Prime Minister will provide households with more time and flexibility to make the transition to electric vehicles and ease the burden on businesses and families. The Epoch Times has contacted Leigh Day and Friends of the Earth for comment.