Climate Action and Low Carbon Development Act 2015

F15[Approval of carbon budget

6B

6B. (1) The Minister, within four months of the receipt of a carbon budget under section 6A, shall—

(a) cause a copy of the carbon budget to be presented to both Houses of the Oireachtas,

(b) consider the carbon budget,

(c) amend, if appropriate, and finalise the carbon budget,

(d) submit the carbon budget to the Government for approval in accordance with subsection (6), and

(e) lay a copy of the carbon budget before both Houses of the Oireachtas for approval in accordance with subsection (7).

(2) Dáil Éireann may refer a carbon budget to a joint committee which shall consider the carbon budget and provide a report in writing containing its recommendations to both Houses of the Oireachtas within two months from the date it is presented to Dáil Éireann under subsection (1)(a).

(3) The Minister shall, at the written request of the joint committee to which a carbon budget has been referred under subsection (2), attend before it and provide such information in relation to the carbon budget as the joint committee may reasonably require.

(4) When finalising a carbon budget, the Minister shall consult with—

(a) any other Minister of the Government as he or she considers appropriate, and

(b) members of the public and such persons as he or she considers appropriate.

(5) Where the Minister amends the carbon budget proposed by the Advisory Council, the Minister shall set out his or her reasons for doing so.

(6) The Government may—

(a) approve, or

(b) approve, subject to such modifications as they consider appropriate,

a carbon budget submitted to them under subsection (1)(d).

(7) Where the carbon budget is approved by the Government under subsection (6), the Minister shall cause a copy of the carbon budget to be laid before each House of the Oireachtas, which shall consider the carbon budget as soon as may be, and the carbon budget shall have effect from the date on which a motion approving the carbon budget has been passed by the second such House.

(8) Where the motion is not approved by both Houses of the Oireachtas under subsection (7), the Minister shall within a period of two months—

(a) consult with any other Minister of the Government as he or she considers appropriate,

(b) consult with the Advisory Council,

(c) amend the carbon budget, if appropriate, and

(d) submit the carbon budget to the Government for approval to lay the budget before each House of the Oireachtas in accordance with subsection (11).

(9) Where the Minister does not amend the carbon budget under subsection (8)(c), the Minister shall, in submitting the carbon budget to the Government under subsection (8)(d), set out the reasons for his or her decision.

(10) The Government may—

(a) approve, or

(b) approve, subject to such modifications as they consider appropriate,

a carbon budget submitted to them under subsection (8)(d).

(11) Where a carbon budget is approved by the Government under subsection (10), the Minister shall, as soon as may be, cause a copy of the carbon budget to be laid before each House of the Oireachtas and it shall have effect from the date on which it is laid before the Houses, or the second such House if it is laid before the Houses on different dates.

(12) Not more than 30 days after a carbon budget takes effect under subsection (7) or (11), as the case may be, the Minister shall publish the carbon budget in such manner as the Minister considers appropriate.

(13) A Minister of the Government shall, in so far as practicable, perform his or her functions in a manner consistent with a carbon budget that has effect under subsection (7) or (11), as the case may be.

(14) This section applies to the first carbon budget programme and to an amendment to a provisional carbon budget in the same manner as it applies to a carbon budget, and a reference in this section to a carbon budget shall, where the context admits, be construed as a reference to the first carbon budget programme or to an amendment to a provisional carbon budget, as the case may be.]

Annotations:

Amendments:

F15

Inserted (7.09.2021) by Climate Action and Low Carbon Development (Amendment) Act 2021 (32/2021), s. 9, S.I. No. 468 of 2021.