Committing to effective climate governance in Northern Ireland: A definingtest of devolution

Journal of Environmental Law

Volumn 25, Issue 2, 2013, Pages 203-234

  Turner, Sharon ^a  

^a QUEEN'S UNIVERSITY BELFAST   (United Kingdom)

Author keywords

Climate governance; Devolution; Northern Ireland climate act; Power sharing

Indexed keywords

CARBON EMISSION; CLIMATE CHANGE; DEVOLUTION; EMISSION CONTROL; ENVIRONMENTAL POLICY; GOVERNANCE APPROACH; LONG-TERM CHANGE;

NORTHERN IRELAND; UNITED KINGDOM;

EID: 84874807654     PISSN: 09528873     EISSN: 1464374X     Source Type: Journal    
DOI: 10.1093/jel/eqt003     Document Type: Article

References (156)

1. Sharon Turner, 'Northern Ireland's Consent to the UK Climate Change Act 2008: Symbol or Illusion?' (2013) 25 JEL 63
2. Anthony Giddens, The Politics of Climate Change (Polity 2009) 116
3. Turner (n 1) 27-31
4. The Democratic Unionist Party holds the position of First Minister for Northern Ireland and five ministerial positions in the power sharing Executive
5. The Social Democratic and Labour Party has held just one ministerial position in the Executive since restoration in 2007
6. Department of the Environment Press Release: 9 September 2011 'Northern Ireland needs Statutory Emission Reduction Targets-Atwood' and Ministerial response to Assembly questions, 13 September 2011, Official Report (Hansard), vol 66, 94 accessed 5 March 2013.
7. The scale of which is discussed by Turner (n 1) 75
8. First Report of the Committee on Climate Change, Building a Low Carbon Economy-The UK's Contribution to Tackling Climate Change (2008) 1 accessed 5 March 2013.
9. Turner(n1)74
10. Giddens (n 2)
11. See Donald Horowitz, 'The Northern Ireland Agreement: Consociational, Maximalist and Risky' in John McGarry (ed), Northern Ireland and the Divided World (Clarendon 2001) 99
12. RickWilford and RobinWilson, A Democratic Design? The Political Style of the Northern Ireland Assembly (The Constitution Unit, University College London 2001) accessed 26 February 2013.
13. RobinWilson, The Northern Ireland Experience of Conflict and Agreement: A Model for Export? (Manchester University Press 2010)
14. Rick Wilford, 'Northern Ireland: The Politics of Constraint' (2010) 63 Parliamentary Affairs 134l
15. Colin Knox, Devolution and the Governance of Northern Ireland (Manchester University Press 2010)
16. 'The Northern Ireland Problem: Cases, Theories and Solutions' (1975) 5 British Journal of Political Science 83
17. 'Constitutional Design for Divided Societies' (2004) 15 Journal of Democracy 96
18. Giddens (n 2) 116
19. Discussed by the commentators at (n 13)
20. See in particular Wilson (n 13) ch 2;Wilford and Wilson (n 13) 70
21. Donald Horowitz, Ethnic Groups in Conflict (University of California Press 2000)
22. See ss 4 and 42 of the Northern Ireland Act 1998 and the Ministerial Code of Practice accessed 26 February 2013.
23. The impact of which is discussed further by Wilson (n 13) ch 2;Wilford andWilson (n 13) 70
24. Knox (n 13) ch 2
25. At the time of writing the Department of Enterprise, Trade and Investment (leads energy policy); Department of Social Development (domestic energy efficiency and fuel poverty); Department of Regional Development (agricultural energy efficiency) and arguably even a fourth given that responsibility for building regulations falls to the Department of Finance and Personnel
26. Spanning the potential amendment of the UK's long term national emission reduction target (ss 2 and 7); the setting or amending of the national carbon budgets (s 9); preparation of the national report of proposals and policies to enable compliance with carbon budgets (ss 13 and 14); decisions concerning the carrying forward of amounts in budgetary periods (s 17) and the preparation of the plan for compensatory measures in the event of budgetary excess (s 19)
27. Turner (n 1)
28. accessed 4 March 2013.
29. Turner (n 1)
30. accessed 4 March 2013.
31. accessed 4 March 2013.
32. Northern Ireland Assembly Committee for Enterprise, Trade and Investment, Report on the Committee's Inquiry into the Barriers to the Development of Renewable Energy Production and its Associated Contribution to the NI Economy (Northern Ireland Assembly, Session 2010/2011, NIA 14/10/11R). accessed 26 February 2013.
33. Turner (n 1)
34. Although it is worth noting this is less pronounced in the context of adaptation planning, discussed by Turner (n 1) 82
35. Wilson (n 13) 52;Wilford andWilson (n 13) 70
36. Under Strand One of the Agreement the Assembly's statutory committees are empowered to go beyond traditional scrutiny of central government and engage in policy development, including the power to initiate legislation under s 29 Northern Ireland Act 1998. SeeWilford (n 13) 577;Wilford andWilson (n 13).
37. The Climate Change Coalition favoured the giving of legislative consent to a UK Bill containing a regional target. See, for example, the views expressed by Friends of the Earth (NI), Assembly Briefing No.1: The Climate Change Bill (June 2007) accessed 26 February 2013.
38. Northern Ireland Assembly, Committee on the Environment: Response to UK Climate Change Bill, 7 September 2007 accessed 4 March 2013.
39. Northern Ireland Assembly, Climate Change Bill: Legislative Consent Motion, Environment Minister (Arlene Foster), Official Report, 10 December 2007, 55. accessed 4 March 2013.
40. accessed 26 February 2013. To achieve a 25% reduction in greenhouse gas emissions from1990 levels by 2025.
41. Turner (n 1) 84-7
42. 12 February 2009 accessed 4 March 2013.
43. The Guardian, 10 February 2009
44. See also accessed 26 February 2013.
45. BBC News accessed 26 February 2013.
46. [10] February 2009 by Roy Beggs (MLA) and David McClarty (MLA)
47. Knox (n 13) 19
48. Petitions of concern have been lodged for example to defeat motions expressing support for the building of a motorway supported by nationalist MLAs and amendments to the Planning Bill. Its use is discussed by Alex Schwartz, 'How Unfair is Cross-Community Consent? Voting Power in the Northern Ireland Assembly' (2010) 61 Northern Ireland L Quarterly 349.
49. Northern Ireland Assembly, 30 March 2009 accessed 26 February 2013.
50. Announced on 23 January 2009. Its terms of reference are available at: accessed 26 February 2013.
51. Assembly Committee for the Environment, Inquiry into Climate Change, vols 1-3 (Session 2009/2010 NIA 24/09/10R). accessed 26 February 2013.
52. As expressed in the Executive's Programme for Government 2008-11 accessed 26 February 2013.
53. Sustainable Development Strategy for Northern Ireland, Everyone's Involved (2010) 2 accessed 26 February 2013.
54. (n 49) [62]
55. Giddens (n 2)
56. James Meadowcroft, Climate Change Governance:World Bank Policy, Research Working Paper 4941 (2009) World Bank, World Development Report Team 3 accessed 26 February 2013.
57. Hugh Compston, 'The Politics of Climate Policy: Strategic Options for National Governments' (2010) 18 Political Quarterly 107
58. Hugh Compston and Ian Bailey, 'How Can We Build Political Support forAction on Climate Change inWestern Democracies?' in Anthony Giddens and Roger Liddle (eds), The Politics of Climate Change (Policy Network 2009)
59. Hugh Compston and Ian Bailey, Turning Down the Heat: The Politics of Climate Policy in Affluent Democracies (Palgrave Macmillan 2008)
60. Sharon Turner, 'Transforming Environmental Governance in Northern Ireland: Part One- The Process of Policy Renewal' (2006) 18 JEL 55
61. Cathal McCall and ArthurWilliamson, 'Governance and Democracy in Northern Ireland: The Role of the Voluntary and Community Sector after the Agreement' (2001) 14 Governance 363
62. Knox (n 13) ch 6
63. McCall and Williamson (n 60) 364
64. Vikki Bell, 'Spectres of Peace: Civic Participation in Northern Ireland' (2004) 13 Social and L Studies 408
65. para 34, Strand One of the Good FridayAgreement and s 56 of the Northern Ireland Act 1998 made provision for the creation of the Civic Forum
66. (n 50)
67. Sharon Turner and Ciara Brennan, 'Modernising Environmental Regulation in Northern Ireland: A Case Study in Devolved Decision-Making' (2012) 63 Northern Ireland Legal Quarterly 509
68. It comprised not only representatives from the region's voluntary and community sector but also the Sustainable Development Commission, the Northern Ireland Utility Regulator, CBI, Ulster Farmers Union, Strategic Investment Board for Northern Ireland, Institute of Directors, Northern Ireland Housing Executive, Bryson House and the Energy Saving Trust
69. accessed 26 February 2013.
70. See also: accessed 27 March 2013.
71. Richard Barnett, Independent Review of Economic Policy, September 2009, 54 accessed 26 February 2013.
72. (n 27) ch 4
73. Northern Ireland Executive, Draft Budget 2011-15 accessed 4 March 2013.
74. Finance Minister's Draft Budget Statement accessed 26 February 2013.
75. Interview with the Chair of the Green New Deal Group, 26 June 2012
76. Northern Ireland Executive, Draft Programme for Government (2011-15) accessed 26 February 2013.
77. Meadowcroft (n 57) 9
78. The scale of Northern Ireland's almost complete dependence on imported fossil fuel is discussed by Turner (n 1) 66-7
79. Northern Ireland Greenhouse Gas Reduction Action Plan (n 26) and discussed Turner (n 1) 89-91
80. Meadowcroft (n 57) 3
81. United Nations Framework Convention on Climate Change CP/2011/L.10 accessed 26 February 2013.
82. Press Release, Department of the Environment, Communities and Local Government 7 November 2011 accessed 26 February 2013.
83. Press Release, Irish Department of the Environment, Community and Local Government, 3 November 2011 accessed 26 February 2013.
84. Commission, Proposal for a Directive of the European Parliament and of the Council on energy efficiency and repealing Directives 2004/8/EC and 2006/32/EC COM (2011) 370 final
85. Set out in: Commission, '20 20 by 2020: Europe's Climate Change Opportunity' (Communication) COM (08) 30 final, and comprised of Parliament and Council Directive 2009/28/EC on the promotion of the use of energy from renewable sources and subsequently repealing Directives 2001/77/EC and 2003/30/EC [2009] OJ L140/5; Parliament and Council Directive 2009/31/EC on the geological storage of carbon dioxide and amending Directives 85/337/EEC, 2000/60/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation EC/1013/2004 [2009] OJ L140/114; Parliament and Council Directive 2009/29/EU amending Directive 2003/ 87/EC so as to improve and extend the greenhouse gas emissions allowance trading scheme of the Community [2009] OJ L140/5; and Parliament and Council Decision 406/2009/EC on the effort of Member States to reduce their greenhouse gas emissions to meet the Community's greenhouse gas emission reduction commitments up to 2020 [2009] OJ L140/5
86. (n 26) and discussed Turner (n 1) 89-92
87. Discussed by Knox (n 13) 24
88. Department of the Environment Press Release: 9 November 2011 'Northern Ireland needs Statutory Emission Reduction Targets-Atwood' accessed 4 March 2013.
89. Committee on Climate Change, TheAppropriateness of a Northern Ireland ClimateAct (November 2011) accessed 26 February 2013.
90. accessed 26 February 2013.
91. (n 26) and discussed Turner (n 1) 89-92
92. Committee on Climate Change (n 94) 18
93. No official record of this meeting was made
94. Giddens (n 2) 70
95. Arthur Aughey, The Politics of Northern Ireland: Beyond the Belfast Agreement (Routledge 2005)
96. Joanne McEvoy, The Politics of Northern Ireland (Edinburgh University Press 2008)
97. David Gordon, The Fall of the House of Paisley (Gill and McMillan 2009)
98. PM Currie and Max Taylor (eds), Dissident Irish Republicanism (Continuum 2011)
99. Brian Graham and Catherine Nash, 'A Shared Future: Territoriality, Pluralism and Public Policy in Northern Ireland' (2006) 25 Political Geography 253
100. Peter Shirlow, 'Belfast: The "Post-conflict"City' (2006) 10 Space and Polity 99
101. Peter Shirlow and Brendan Murtagh, Belfast-Segregation, Violence and the City (Pluto 2006)
102. Brendan Murtagh and Peter Shirlow, 'Devolution and the Politics of Development in Northern Ireland' (2012) 30 Environment and Planning C 46
103. This proposal was set out in s 4 of the Climate Change Response Bill proposed by Minister John Gormley, and is discussed in Joseph Curtin and Gina Hanrahan, Why Legislate? Designing a Climate Law for Ireland (The Institute of International and European Affairs 2012) accessed 4 March 2013.
104. Colin Reid, 'A New Sort of Duty? The Significance of "Outcome"Duties in the Climate Change and Child PovertyActs' [2012] PL 749
105. BBC News, Richard Black 'Chris Huhne briefs MPs on long-term carbon budget' 17 May 2011 accessed 26 February 2013. Also discussed in Curtin and Hanrahan (n 105) 17.
106. Public Consultation, Cost Protection for Litigants in Environmental Judicial ReviewApplications (March 2012) Department of Justice (NI) accessed 26 February 2013.
107. Avalue discussed by Reid (n 106) and also the critique that such legislation can be deceptive. In this regard see also: Angelika Siehr, 'Symbolic Legislation and the Need for Legislative Jurisprudence: The Example of the Federal Republic of Germany' (2008) 2 Legisprudence 271.
108. The importance of which is highlighted Reid (n 106)
109. Committee on Climate Change (n 94) 18
110. s 5(1) of the Climate Change Act 2008 which has been amended to require a 34% emissions reduction from 1990 levels by 2020. Discussed by Turner (n 1)76.
111. Only control of nuclear policy and installations is excepted under s 4, Schedule 2 of the Northern Ireland Act 1998
112. Created by agreement between the UK and Ireland in December 2006 and brought into effect by the Electricity (SingleWholesale Market) (Northern Ireland) Order 2007
113. ESB owns Coolkeeragh while the other (AES), is a private American company
114. This was covered by the media on both sides of the border: The Belfast Newsletter, 21 September 2010, accessed 26 February 2013.
115. RTE News, Political Opposition to ESB's NIE Deal, 21 September 2010, accessed 26 February 2013.
116. Agriculture (27%), transport (22%) and residential emissions (17%). See Climate Committee (n 97) for per capita UK comparisons.
117. Ulster Farmers' Union Statement, accessed 4 March 2013.
118. Committee on Climate Change (n 94) 19
119. Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources [1991] OJ L375/1
120. The details of which were recently set out in a report of the Northern Ireland Audit Office, Reducing Water Pollution from Agricultural Sources: The Farm Nutrient Management Scheme (2011) accessed 4 March 2013.
121. Sharon Turner, 'Transforming Environmental Governance in Northern Ireland. Part Two: The Case of Environmental Regulation' (2006) 18 JEL 245.
122. Sharon Turner, 'Laying the Foundations for a Sustainable Northern Ireland' (2007) 58 Northern Ireland L 422-58
123. A dynamic discussed by Turner and Brennan (n 65)
124. European Parliament and Council Decision (n 89). Discussed Turner (n 1) 79-80.
125. European Parliament and Council Directive 2009/28/EC (n 89)
126. The process by which UK Government negotiated the disaggregation of the UK's renewable targets is discussed Turner (n 1) 89-90
127. A dynamic discussed by Turner and Brennan (n 65)
128. Draft PPS 14, Sustainable Development of the Countryside was published by the Direct Rule Government in 2007 accessed 26 February 2013.
129. Sub-group on Review of Public Administration and Rural Planning, Session 2006/2007 Fifth Report accessed 4 March 2013.
130. The scale of public and local political opposition is discussed by John Barry, "'It Ain't Easy Being Green": Sustainable Development between Environment and Economy in Northern Ireland' (2009) 24 Irish Political Studies 45
131. Transitional Assembly, Proceedings of the Committee on the Programme for Government, 23 January 2007 accessed 26 February 2013.
132. Department of the Environment, Findings Emerging from a Review of Draft PPS14 (2008) accessed 26 February 2013.
133. The Executive's new policy is set out in Department of the Environment, Planning Policy Statement 21, Sustainable Development in the Countryside accessed 26 February 2013.
134. Department of the Environment, Public Consultation: Draft PPS 21-Sustainable Development in the Countryside (2008) [5.3] accessed 26 February 2013.
135. An independent report prepared by Queen's University Belfast for Friends of the Earth (NI) found that 98% of Northern Ireland's population lives within a 10-minute drive of land available for development for housing across 98% of the region's land area
136. Geraint Ellis and Manoj Roy, Rural Settlement Patterns and Access to Development Land: Developing the Evidence Base, Queen's University Belfast Report for Friends of the Earth (NI) (April 2008) accessed 26 February 2013.
137. Department of Regional Development, Shaping Our Future, Regional Development Strategy (RDS) 2025, Consultation: 10 Year Review accessed 4 March 2013.
138. This analysis formed part of a report published by the Committee in discharge of its statutory duty under s 36 of the Climate Change Act to advise the Secretary of State on the setting of carbon budgets to meet the UK's 2050 decarbonisation target. First Report of the Committee on Climate Change (n 8) 408.
139. [44s] Climate Change (Scotland) Act 2009
140. Klaus Jacob and Axel Volkery, 'Institutions and Instruments for Government Self-Regulation: Environmental Policy Integration in a Cross-Country Perspective' (2004) 6 Journal of Comparative Policy Analysis 291
141. Axel Volkery and others, 'Coordinating Sustainable Development-An Evaluation of the State of Play' in Martin Jänicke and Klaus Jacob (eds), Environmental Governance in Global Perspective: New Approaches to Ecological Modernisation (Freie Universität Berlin 2006) 219
142. Andrea Ross, Sustainable Development Law in the UK: From Rhetoric to Reality (Earthscan 2012) ch 7
143. Assembly Enterprise, Trade and Investment Committee (n 28)
144. Northern Ireland Executive (n 74) ch 3
145. Wilford andWilson (n 13);Wilson (n 13)
146. [91s ] Climate Change (Scotland) Act 2009
147. The Department's proposals in this regard are discussed Turner (n 1) 93
148. Climate Change Commission for Wales, First Annual Report, January 2012 accessed 4 March 2013.
149. Meadowcroft (n 57) 4
150. Wilford (n 13)
151. Northern Ireland Executive (n 74) 69
152. Curtin and Hanrahan (n 105)
153. Meadowcroft (n 57) 4
154. Wilford andWilson (n 13);Wilson (n 13);Wilford (n 13)
155. This critique is also well captured in a speech given by Mark Durkan, Former Leader of the SDLP, to the British Irish Council, A Better Way to a Better Ireland, New College Oxford University, 5 September 2008 during which he called for specific aspects of the Good Friday Agreement to be deemed 'biodegradable'. accessed 26 February 2013.
156. In this regard see the citizen based 'Platform for Change' movement launched in 2009, whose manifesto is set out by RobinWilson, A Platform for Change: Renewing and Realigning Politics in Northern Ireland (2009) accessed 26 February 2013.