Law and Climate Change Toolkit

2. Effect Of Act

Nothing in this Act, a national mitigation plan, national adaptation framework or a
sectoral adaptation plan shall operate to affect—
(a) existing or future obligations of the State under the law of the European Union,
including—
(i) Directive 2001/42/EC of the European Parliament and of the Council of 27
June 20011 on the assessment of the effects of certain plans and programmes
on the environment,
(ii) Council Directive 92/43/EEC of 21 May 19922 on the conservation of natural
habitats and of wild fauna and flora,
(iii) Directive 2003/87/EC of the European Parliament and of the Council of 13
October 20033 establishing a scheme for greenhouse gas emission allowance
trading within the Community and amending Council Directive 96/61/EC,
and
(iv) Decision No. 406/2009/EC of the European Parliament and of the Council of
23 April 20094 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,
(b) existing or future obligations of the State under any international agreement,
(c) any Act of the Oireachtas or instrument made thereunder that gives effect, or
further effect, to any such obligation, or
(d) existing or future entitlements of the State or any person under the said law, any
such agreement or any such Act of the Oireachtas or instrument.

Legal Area
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Cross-cutting Categories
Duties and powers of national governments

3. Low Carbon Transition

(1) For the purpose of enabling the State to pursue, and achieve, the transition to a low
carbon, climate resilient and environmentally sustainable economy by the end of the
year 2050 (in this Act referred to as the “national transition objective”) the Minister
shall make and submit to the Government for approval—
(a) a national mitigation plan, and
(b) a national adaptation framework.
(2) When considering a plan or framework, referred to in subsection (1), for approval, the
Government shall endeavour to achieve the national transition objective within the
period to which the objective relates and shall, in endeavouring to achieve that
objective, ensure that such objective is achieved by the implementation of measures
that are cost effective and shall, for that purpose, have regard to—
(a) the ultimate objective specified in Article 2 of the United Nations Framework
Convention on Climate Change done at New York on 9 May 1992 and any
mitigation commitment entered into by the European Union in response or
otherwise in relation to that objective,
(b) the policy of the Government on climate change,
(c) climate justice,
(d) any existing obligation of the State under the law of the European Union or any
international agreement referred to in section 2, and
(e) the most recent national greenhouse gas emissions inventory and projection of
future greenhouse gas emissions, prepared by the Agency.

Legal Area
Mitigation strategies, targets, budgets and measures Strategic plan on mitigation Adaptation measures Mandate to government to develop strategies, plans or regulations on adaptation Objectives
Cross-cutting Categories
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4. National Low Carbon Transition And Mitigation Plan

(1) The Minister shall—
(a) not later than 18 months after the passing of this Act, and
(b) not less than once in every period of 5 years,
make, and submit to the Government for approval, a plan, which shall be known as a
national low carbon transition and mitigation plan (in this Act referred to as a
“national mitigation plan”).
(2) A national mitigation plan shall—
(a) specify the manner in which it is proposed to achieve the national transition
objective,
(b) specify the policy measures that, in the opinion of the Government, would be
required in order to manage greenhouse gas emissions and the removal of
greenhouse gas at a level that is appropriate for furthering the achievement of the
national transition objective,
(c) take into account any existing obligation of the State under the law of the
European Union or any international agreement referred to in section 2, and
(d) specify the mitigation policy measures (in this Act referred to as the “sectoral
mitigation measures”) to be adopted by the Ministers of the Government, referred
to in subsection (3)(a), in relation to the matters for which each such Minister of
the Government has responsibility for the purposes of—
(i) reducing greenhouse gas emissions, and
(ii) enabling the achievement of the national transition objective.
(3) For the purpose of including, in the national mitigation plan, the sectoral mitigation
measures to be specified for the different sectors in accordance with subsection (2)
(d)—
(a) the Government shall request such Ministers of the Government they consider
appropriate to submit to the Minister, within a specified period, the sectoral
mitigation measures that each such Minister of the Government proposes to adopt
in relation to the matters for which each such Minister of the Government has
responsibility,
(b) a Minister of the Government to whom a request under paragraph (a) is made
shall submit the sectoral mitigation measures to be adopted by him or her to the
Minister within the period specified by the Government and where such request
is made to the Minister, the Minister shall prepare the sectoral mitigation
measures to be adopted by him or her within the period specified by the
Government,
(c) the Minister shall, on receipt of the sectoral mitigation measures submitted to him
or her in accordance with paragraph (b), include the sectoral mitigation measures
submitted by each Minister of the Government in the national mitigation plan,
and in the case of the sectoral mitigation measures prepared by the Minister, the
Minister shall include those measures in the national mitigation plan,
(d) a Minister of the Government referred to in paragraph (b) shall, in relation to the
sectoral mitigation measures to be adopted by him or her and before submitting
the sectoral mitigation measures to the Minister—
(i) consult with the Minister and any other Minister of the Government as the
Minister may specify and where a request referred to in paragraph (b) is
made to the Minister, the Minister shall consult with such other Ministers of
the Government as he or she considers appropriate,
(ii) take account of the matters referred to in—
(I) paragraphs (a), (b) and (c) of subsection (2), and
(II) paragraphs (a), (b), (c), (d), (e), (f), (h) and (i), of subsection (7),
and
(iii) consult with the Advisory Council,
and
(e) the Government shall, when specifying the period referred to in paragraph (a),
have regard to the period specified in subsection (1).
(4) The Government may—
(a) approve, or
(b) approve, subject to such modifications as they consider appropriate,
a national mitigation plan submitted to them under this section.
(5) The Minister may, after the submission to the Government of a periodic review report
in accordance with section 13 and having had regard to that report, make and submit
to the Government for approval a plan (in this Act also referred to as a “national
mitigation plan”) varying, revising or replacing an approved national mitigation plan.
(6) The Government may vary or revise a national mitigation plan approved by them
under this section.
(7) The Minister and the Government shall take account of the following matters when
performing functions under this section:
(a) the need to have regard to—
(i) any existing obligation of the State under the law of the European Union or
any international agreement referred to in section 2,
(ii) likely future mitigation commitments of the State and the economic
imperative for early and cost-effective action, and
(iii) the requirement to be able to act quickly in response to economic and
environmental occurrences and circumstances;
(b) the need to promote sustainable development;
(c) the need to take advantage of environmentally sustainable economic
opportunities both within and outside the State;
(d) the need to achieve the objectives of a national mitigation plan at the least cost to
the national economy and adopt measures that are cost-effective and do not
impose an unreasonable burden on the Exchequer;
(e) relevant scientific or technical advice;
(f) the findings of any research on the effectiveness of mitigation measures and
adaptation measures;
(g) the sectoral mitigation measures included in the national mitigation plan pursuant
to subsection (2)(d) that are to be adopted by each Minister of the Government in
relation to the matters for which each such Minister of the Government has
responsibility;
(h) where a national mitigation plan has been approved by the Government, the most
recent approved national mitigation plan;
(i) any recommendations or advice of the Advisory Council;
(j) mitigation measures, specified in a notification to the Minister or the Government
under subsection (13); and
(k) the protection of public health.
(8) The Minister shall, before making a national mitigation plan—
(a) publish, in such manner as he or she considers appropriate, a draft of the national
mitigation plan that he or she proposes to make,
(b) publish a notice on the internet and in more than one newspaper circulating in the
State inviting members of the public and any interested parties to make
submissions in writing in relation to the proposed national mitigation plan within
such period (not exceeding 2 months from the date of the publication of the
notice) as may be specified in the notice, and
(c) have regard to any submissions made pursuant to, and in accordance with, a
notice under paragraph (b).
(9) (a) The Government may consult with the Advisory Council for the purpose of the
performance by them of their functions under this section.
(b) The Minister shall consult with the Advisory Council for the purpose of the
performance by him or her of his or her functions under this section.
(10) A national mitigation plan shall be laid before each House of the Oireachtas as soon
as may be after it is approved by the Government.
(11) A national mitigation plan shall not be implemented unless it has been approved by
the Government in accordance with this section.
(12) A Minister of the Government shall, in the performance of his or her functions, have
regard to a national mitigation plan approved by the Government under this section.
(13) A local authority may notify the Minister or the Government in writing of—
(a) its intention to adopt, or
(b) its having adopted,
such mitigation measures as are specified in the notification concerned in relation to
that local authority’s administrative area.

Legal Area
Mitigation strategies, targets, budgets and measures Strategic plan on mitigation Establishing or designating national climate bodies and functions Provisions for consultation
Cross-cutting Categories
Duties and powers of national governments

5. National Climate Change Adaptation Framework

(1) (a) The Minister shall, not later than 24 months after the passing of this Act, make,
and submit to the Government for approval, a plan, which shall be known as a
national climate change adaptation framework (in this Act referred to as a
“national adaptation framework”).
(b) The Minister—
(i) shall review a national adaptation framework approved by the Government
under this section not less than once in every period of 5 years, and
(ii) may, having regard to that review and the requirements of adaptation in
relation to the effects of climate change, make and submit to the Government
for approval, a national adaptation framework.
(2) A national adaptation framework shall—
(a) specify the national strategy for the application of adaptation measures in
different sectors and by a local authority in its administrative area in order to—
(i) reduce the vulnerability of the State to the negative effects of climate change,
and
(ii) avail of positive effects of climate change that may occur,
and
(b) take into account any existing obligation of the State under the law of the
European Union or any international agreement, referred to in section 2.
(3) The Minister shall, before submitting a national adaptation framework to the
Government for approval—
(a) publish, in such manner as he or she considers appropriate, a draft of the national
adaptation framework that he or she proposes to make,
(b) publish a notice on the internet and in more than one newspaper circulating in the
State inviting members of the public and any interested parties to make
submissions in writing in relation to the proposed national adaptation framework
within such period (not exceeding 2 months from the date of the publication of
the notice) as may be specified in the notice, and
(c) have regard to any submissions made pursuant to, and in accordance with, a
notice under paragraph (b).
(4) The Government may—
(a) approve, or
(b) approve, subject to such modification as they consider appropriate, a national
adaptation framework submitted to them under this section.
(5) The Government may, at any time, vary or revise a national adaptation framework
approved by them under this section.
(6) A national adaptation framework shall be laid before each House of the Oireachtas as
soon as may be after it is approved by the Government.
(7) A national adaptation framework shall not be implemented unless it has been
approved by the Government in accordance with this section.
(8) A Minister of the Government shall, in the performance of his or her functions, have
regard to a national adaptation framework approved by the Government under this
section.
(9) In this section, “administrative area” has the meaning assigned to it by the Act of
2001.

Legal Area
Adaptation measures Mandate to government to develop strategies, plans or regulations on adaptation Provision for adaptation consultations
Cross-cutting Categories
Duties and powers of national governments

6. Sectoral Adaptation Plan

(1) The Government shall, within 3 months of the laying before each House of the
Oireachtas of a national adaptation framework in accordance with section 5(6),
request such Ministers of the Government as they consider appropriate to submit to
the Government, within a specified period, a plan (in this Act referred to as a “sectoral
adaptation plan”) to be made by each such Minister of the Government to whom such
request is made in relation to a matter for which each such Minister of the
Government has responsibility.
(2) A sectoral adaptation plan shall specify the adaptation policy measures the Minister of
the Government concerned, having regard to the approved national adaptation
framework, proposes to adopt for the purposes of—
(a) enabling adaptation to the effects of climate change to be achieved in relation to
the matter to which the sectoral adaptation plan relates, and
(b) enabling the achievement of the national transition objective.
(3) A Minister of the Government to whom a request under subsection (1) is made shall,
not later than the expiration of such period as the Government specify, make, and
submit to the Government for approval, a sectoral adaptation plan and, in the
preparation of such plan, each such Minister of the Government shall—
(a) consult with any other Ministers of the Government as the Minister specifies
under subsection (4),
(b) consult with the Agency,
(c) have regard to the national adaptation framework approved by the Government
and to paragraphs (a) to (h) of section 7(1), and
(d) consult with the Advisory Council.
(4) For the purposes of the consultation referred to in subsection (3)(a) to be carried out
by a Minister of the Government to whom a request has been made under subsection
(1), the Minister shall specify one or more other Ministers of the Government with
whom that Minister of the Government is to consult.
(5) A Minister of the Government to whom a request has been made under subsection (1)
shall, before submitting a sectoral adaptation plan to the Government—
(a) publish, in such manner as he or she considers appropriate, a draft of the sectoral
adaptation plan that he or she proposes to make,
(b) publish a notice on the internet and in more than one newspaper circulating in the
State inviting members of the public and any interested parties to make
submissions in writing in relation to the proposed sectoral adaptation plan, as the
case may be, within such period (not exceeding 2 months from the date of the
publication of the notice) as may be specified in the notice, and
(c) have regard to any submissions made pursuant to, and in accordance with, a
notice under paragraph (b).
(6) The Government may—
(a) approve, or
(b) approve, subject to such modifications as they consider appropriate,
a sectoral adaptation plan submitted to them under this section.
(7) A Minister of the Government may, at any time, make and submit to the Government
for approval a plan (in this section also referred to as a “sectoral adaptation plan”)
revising or replacing an approved sectoral adaptation plan.
(8) The Government may vary or revise a sectoral adaptation plan approved by them
under this section.
(9) A sectoral adaptation plan shall not be implemented unless it has been approved by
the Government in accordance with this section.
(10) Where under subsection (1), the Government requests the Minister to make a sectoral
adaptation plan, for the purposes of subsection (3)(a), the Minister shall consult with
any other Minister of the Government as he or she considers appropriate.

Legal Area
Adaptation measures Mandate to government to develop strategies, plans or regulations on adaptation Provision for adaptation consultations
Cross-cutting Categories
Duties and powers of national governments

7. Matters Of Which Account Is To Be Taken, And Consultation, For The Purposes Of Sections 5 And 6

(1) For the purposes of performing their functions under sections 5 and 6, the Minister
and the Government shall take account of the following matters:
(a) the need to have regard to—
(i) any existing obligation of the State under the law of the European Union or
any international agreement referred to in section 2, and
(ii) any likely future adaptation commitments of the State;
(b) the need to promote sustainable development;
(c) the need to achieve the objectives of a national adaptation framework at the least
cost to the national economy and adopt measures that are cost-effective and do
not impose an unreasonable burden on the Exchequer;
(d) relevant scientific or technical advice;
(e) the findings of any relevant research on the effectiveness of mitigation measures
and adaptation measures;
(f) where sectoral adaptation plans have been approved by the Government under
section 6, the most recent approved sectoral adaptation plans;
(g) where a national adaptation framework has been approved by the Government
under section 5, the most recent approved national adaptation framework; and
(h) any recommendations or advice of the Advisory Council.
(2) (a) For the purposes of performing their functions under sections 5 and 6, the
Government may consult with the Advisory Council.
(b) For the purpose of performing his or her functions under sections 5 and 6, the
Minister shall consult with the Advisory Council.

Legal Area
Adaptation measures Mandate to government to develop strategies, plans or regulations on adaptation Provision for adaptation consultations
Cross-cutting Categories
Duties and powers of national governments

8. Establishment Of Climate Change Advisory Council

(1) The Minister shall, by order, appoint a day to be the establishment day for the
purposes of this Act.
(2) There shall stand established, on the establishment day, a body which shall be known,
in the Irish language, as An Chomhairle Chomhairleach um Athrú Aeráide or, in the
English language, as the Climate Change Advisory Council (in this Act referred to as
“Advisory Council”) to perform the functions assigned to it under this Act.

Legal Area
Establishing or designating national climate bodies and functions Advisory body on climate change
Cross-cutting Categories
Designating and establishing national bodies

10. Disclosure Of Interests

(1) Where at a meeting of the Advisory Council or a committee, a member of the
Advisory Council present at the meeting who, otherwise than in his or her capacity as
such member, has a material interest in any matter which falls to be considered by the
Council or the committee, such member shall—
(a) at the meeting disclose to the Advisory Council, or the committee, the fact of
such interest and the nature of such interest,
(b) neither influence nor seek to influence a decision to be made in relation to the
matter,
(c) absent himself or herself from the meeting or that part of the meeting during
which the matter is being discussed,
(d) take no part in any deliberation of the Advisory Council, or the committee,
relating to the matter, and
(e) not vote on a decision relating to the matter.
(2) Where a material interest is disclosed pursuant to this section, the disclosure shall be
recorded in the minutes of the meeting concerned.
(3) Where at a meeting of the Advisory Council a question arises as to whether or not a
course of conduct, if pursued by a member of the Advisory Council, would constitute
a failure by him or her to comply with the requirements of subsection (1), the question
may, subject to subsection (4), be determined by the chairperson of the meeting,
whose decision shall be final, and where such a question is so determined, particulars
of the determination shall be recorded in the minutes of the meeting.
(4) Where, at a meeting of the Advisory Council or a committee, the chairperson of the
meeting is the member in respect of whom a question to which subsection (3) applies
falls to be determined, then the other members of the Advisory Council attending the
meeting shall choose one of their number to be chairperson of the meeting for the
purpose of determining the question concerned.
(5) Where the Government is satisfied that a member of the Advisory Council has
contravened subsection (1), the Government may, if they think fit, remove that
member from office and, in the case of a person removed from office pursuant to this
subsection, he or she shall thenceforth be disqualified for membership of the Advisory
Council.
(6) In this section—
“committee” means a committee referred to in section 9(16);
“material interest” shall be construed in accordance with section 2(3) of the Ethics in
Public Office Act 1995.

Legal Area
Establishing or designating national climate bodies and functions Advisory body on climate change
Cross-cutting Categories
Designating and establishing national bodies

11. General Functions Of Advisory Council

(1) The functions of the Advisory Council shall be to advise and make recommendations
to—
(a) the Minister in relation to—
(i) the preparation of a national mitigation plan,
(ii) the preparation of a national adaptation framework, and
(iii) compliance with any existing obligation of the State under the law of the
European Union or any international agreement referred to in section 2,
(b) a Minister of the Government in relation to—
(i) the submission, to the Minister, of sectoral mitigation measures to be
included in a national mitigation plan pursuant to section 4(2)(d), and
(ii) the making by him or her of a sectoral adaptation plan,
(c) the Government in relation to the approval of—
(i) a national mitigation plan,
(ii) a national adaptation framework, and
(iii) a sectoral adaptation plan,
and
(d) the Government, the Minister and any other Minister of the Government in
respect of any policy of the Government, or any policy that is proposed to be
submitted to the Government for approval relating to—
(i) the reduction of greenhouse gas emissions, and
(ii) adaptation to the effects of climate change in the State.
(2) For the purposes of the performance of its functions, the Advisory Council may—
(a) gather such information as it considers necessary or appropriate, and
(b) meet and consult with such persons (including members of the public) as it
considers appropriate.
(3) The Advisory Council shall be independent in the performance of its functions.

Legal Area
Adaptation measures Mandate to government to develop strategies, plans or regulations on adaptation Establishing or designating national climate bodies and functions Coordination body on climate change Body with planning/regulatory powers and functions
Cross-cutting Categories
Designating and establishing national bodies Duties and powers of national governments

12. Annual Review By, And Annual Report Of, Advisory Council

(1) The Advisory Council shall—
(a) conduct a review (in this section referred to as the “annual review”) in each year
of the progress made during the immediately preceding year in achieving
greenhouse gas emissions reductions, and furthering transition to a low carbon,
climate resilient and environmentally sustainable economy, and
(b) not later than 30 days after the completion of the annual review, prepare and
submit to the Minister a report (in this section referred to as the “annual report”)
on its findings and recommendations consequent upon that annual review.
(2) Without prejudice to the generality of subsection (1), the annual report shall contain—
(a) a summary of the findings set out in the most recent national greenhouse gas
emissions inventory prepared by the Agency,
(b) a summary of the most recent projection of future greenhouse gas emissions
prepared by the Agency,
(c) such recommendations, as the Advisory Council considers necessary or
appropriate, in relation to the most cost-effective manner of achieving reductions
in greenhouse gas emissions in order to enable the achievement of the national
transition objective,
(d) such recommendations as the Advisory Council considers necessary or
appropriate, in relation to compliance with an existing obligation of the State
under the law of the European Union or an international agreement referred to in
section 2,
(e) such other recommendations or advice as the Advisory Council considers
necessary or appropriate in order to enable the achievement of the national
transition objective, and
(f) a summary of—
(i) the activities of the Advisory Council under section 11(2), and
(ii) any information gathered in accordance with section 11(2).
(3) Not more than 30 days after submitting an annual report to the Minister under this
section, the Advisory Council shall publish the annual report by such means as the
Agency may advise.

Legal Area
Establishing or designating national climate bodies and functions Advisory body on climate change
Cross-cutting Categories
Designating and establishing national bodies

13. Periodic Review By Advisory Council

(1) The Advisory Council shall, not later than 18 months after the establishment day,
conduct a review (in this Act referred to as a “periodic review”) of—
(a) progress made in meeting the obligations of the State under Decision No.
406/2009/EC of the European Parliament and of the Council of 23 April 2009 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, and
(b) progress made in furthering the achievement of the national transition objective.
(2) The Advisory Council may, at any time it considers appropriate having regard to—
(a) any significant developments relating to scientific knowledge in relation to
climate change,
(b) any significant developments in the law of the European Union or international
law relating to the control and reduction of emissions of greenhouse gases or
adaptation to the effects of climate change, or
(c) the need to maintain progress to enable the achievement of the national transition
objective,
conduct a review (in this Act also referred to as a “periodic review”) of—
(i) progress made in furthering the achievement of the national transition objective,
(ii) the most recent approved national mitigation plan, approved national adaptation
framework and approved sectoral adaptation plans, and
(iii) the implementation of the plans and framework referred to in paragraph (ii).
(3) The Minister may request the Advisory Council to conduct a periodic review of the
matters referred to in paragraphs (i), (ii) and (iii) of subsection (2) and when
conducting that review to have regard to paragraphs (a), (b) and (c) of that
subsection.
(4) The Advisory Council shall, not later than 30 days after receiving a request under
subsection (3), either—
(a) initiate a periodic review, or
(b) where it is of the opinion that a periodic review is not necessary having regard to
paragraphs (a), (b) and (c) of subsection (2), notify the Minister of its opinion
and the reasons for it.
(5) The Advisory Council shall, not later than 30 days after the completion of a periodic
review, prepare and submit to the Minister a report (in this Act referred to as a
“periodic review report”) of its findings and recommendations consequent on that
review.
(6) The Minister shall, as soon as may be after receiving a periodic review report, cause
the report to be submitted to the Government.
(7) A periodic review report shall include—
(a) where it is prepared consequent upon a periodic review under subsection (2) or
(3), a statement of the reason for conducting the periodic review,
(b) a consideration of the national transition objective and any matter relating to that
objective as the Advisory Council considers appropriate,
(c) in relation to an existing obligation of the State under the law of the European
Union or an international agreement referred to in section 2—
(i) a consideration of compliance with such obligation and any matters relating
to such obligation as the Advisory Council considers appropriate, and
(ii) such advice or recommendations in relation to such compliance as the
Advisory Council considers appropriate,
(d) such advice or recommendations, as the Advisory Council considers appropriate,
in relation to—
(i) the national mitigation plan, and
(ii) the national adaptation framework or a sectoral adaptation plan,
and
(e) such other advice or recommendations as the Advisory Council considers
necessary or appropriate—
(i) for the purposes of the development and implementation of the national
policy regarding climate change, and
(ii) in relation to likely future obligations of the State under the law of the
European Union or an international agreement.
(8) Not more than 30 days after submitting a periodic review report to the Minister in
accordance with this section, the Advisory Council shall publish the report by such
means as the Agency may advise.

Legal Area
Establishing or designating national climate bodies and functions Advisory body on climate change Body responsible for national inventory and reporting
Cross-cutting Categories
Designating and establishing national bodies

14. Presentation Of Annual Transition Statement To Each House Of The Oireachtas

(1) An annual transition statement shall, in accordance with this section, be presented to
each House of the Oireachtas not later than 12 months after the passing of this Act,
and not later than each subsequent anniversary of such passing.
(2) An annual transition statement shall comprise, in relation to the year immediately
preceding the year in which the statement is presented—
(a) a statement (in this Act referred to as an “annual national transition statement”) to
be presented to each House of the Oireachtas by the Minister and such statement
shall include the matters specified in subsection (4)(a),
(b) a statement (in this Act referred to as an “annual sectoral mitigation transition
statement”) to be presented to each House of the Oireachtas by each Minister of
the Government to whom subsection (3) applies and each such statement shall
include the matters specified in subsection (4)(b), and
(c) if a request under subsection (5) is made, a statement (in this Act referred to as an
“annual sectoral adaptation transition statement”) to be presented to each House
of the Oireachtas by each Minister of the Government to whom such request is
made and each such statement shall include the matters specified in subsection
(4)(c).
(3) For the purposes of subsection (2)(b), this subsection applies to each Minister of the
Government who has, in accordance with section 4(3)(b), submitted sectoral
mitigation measures to the Minister that are included, pursuant to section 4(2)(d), in
the most recent approved national mitigation plan.
(4) For the purposes of subsection (2)—
(a) an annual national transition statement shall include—
(i) an overview of the mitigation policy measures adopted to reduce emissions
of greenhouse gases in order to enable the achievement of the national
transition objective,
(ii) an overview of the adaptation policy measures that have been adopted in
order to enable the State to adapt to the effects of climate change and to
enable the achievement of the national transition objective,
(iii) a record of emissions of greenhouse gases set out in the most recent national
greenhouse gas emissions inventory prepared by the Agency,
(iv) a projection of future greenhouse gas emissions prepared by the Agency, and
(v) a report on compliance, by the State, with any existing obligation of the State
under the law of the European Union or an international agreement referred
to in section 2,
(b) an annual sectoral mitigation transition statement shall include—
(i) a record of the sectoral mitigation measures adopted by the Minister of the
Government presenting the annual sectoral mitigation transition statement
concerned, and
(ii) an assessment of the effectiveness of the sectoral mitigation measures
referred to in subparagraph (i) in the achievement of their purpose,
and
(c) an annual sectoral adaptation transition statement shall include—
(i) a record of the adaptation policy measures adopted by the Minister of the
Government presenting the annual sectoral adaptation statement concerned,
and
(ii) an assessment of the effectiveness of the adaptation policy measures referred
to in subparagraph (i) in the achievement of their purpose.
(5) Where, having regard to the requirements of adaptation in relation to the effects of
climate change and the furthering of the national transition objective, the Minister
considers it appropriate, the Minister may, in any year, request a Minister of the
Government—
(a) to whom a request under section 6(1) has been made to make a sectoral
adaptation plan, or
(b) who has, in accordance with section 6, made a sectoral adaptation plan,
to present to each House of the Oireachtas an annual sectoral adaptation transition
statement.
(6) Where—
(a) a request under section 6(1) has been made to the Minister to make a sectoral
adaptation plan or the Minister has, in accordance with section 6, made a sectoral
adaptation plan, and
(b) the Minister, having regard to the requirements of adaptation in relation to the
effects of climate change and the furthering of the national transition objective,
considers it appropriate,
the Minister may, in any year, present to each House of the Oireachtas an annual
sectoral adaptation transition statement and references in this section to a request
under subsection (5) shall be construed as including a sectoral adaptation plan
presented in accordance with this subsection.

Legal Area
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Cross-cutting Categories
Duties and powers of national governments

15. Duties Of Certain Bodies

(1) A relevant body shall, in the performance of its functions, have regard to—
(a) the most recent approved national mitigation plan,
(b) the most recent approved national adaptation framework and approved sectoral
adaptation plans,
(c) the furtherance of the national transition objective, and
(d) the objective of mitigating greenhouse gas emissions and adapting to the effects
of climate change in the State.
(2) The relevant Minister may, from time to time, give a direction to a relevant body
requiring it to prepare, and submit to him or her, within such period as may be
specified in the direction, a report specifying—
(a) the measures that the relevant body has adopted for the purposes of compliance
by that relevant body with subsection (1), and
(b) the progress made by the relevant body in the performance of its functions in the
manner referred to in that subsection.
(3) The relevant Minister may, from time to time, give a direction to a relevant body
requiring it to adopt such measures as are specified in the direction for the purposes of
compliance by the relevant body with subsection (1).
(4) A relevant body shall comply with a direction under this section.
(5) In this section—
“Act of 2014” means the Freedom of Information Act 2014;
“prescribed body” has the same meaning as it has in the Act of 2014;
“public body” has the same meaning as it has in the Act of 2014;
“relevant body” means—
(a) a prescribed body, and
(b) a public body;
“relevant Minister” means, in relation to a relevant body that is—
(a) a public body—
(i) referred to in section 6(1)(a) of the Act of 2014, the Minister of the
Government having charge of the Department of State concerned,
(ii) referred to in section 6(1)(b) of the Act of 2014, such Minister of the
Government as the Government may designate in relation to that public
body,
(iii) referred to in section 6(1)(c) of the Act of 2014 that was established or
appointed by—
(I) the Government, such Minister of the Government as the Government
may designate in relation to that public body, or
(II) a Minister of the Government, the Minister of the Government who
established or appointed the public body concerned,
(iv) referred to in paragraph (d) or (e) of section 6(1) of the Act of 2014, such
Minister of the Government as the Government may designate in relation to
that public body,
(v) referred to in section 6(1)(f) of the Act of 2014, that is directly or indirectly
controlled by—
(I) a public body to which subparagraph (ii) or (iv) relates, such Minister of
the Government as the Government may designate in relation to that
public body,
(II) a public body to which subparagraph (iii)(I) relates, such Minister of
the Government as the Government may designate in relation to that
public body, or
(III) a public body to which subparagraph (iii)(II) relates, the Minister of the
Government who established or appointed the public body referred to in
section 6(1)(c) of the Act of 2014,
(vi) referred to in section 6(1)(g) of the Act of 2014, the Minister for Education
and Skills,
(vii) referred to in section 6(1)(h) of the Act of 2014 (other than a public body
referred to in subparagraphs (i) to (iv)), such Minister of the Government as
the Government may designate in relation to that public body, and
(viii) referred to in paragraph (a) or (b) of section 6(2) of the Act of 2014 (other
than a public body referred to in subparagraphs (i) to (iv)), such Minister of
the Government as the Government may designate in relation to that public
body,
and
(b) a prescribed body, such Minister of the Government as the Government may
designate in relation to that public body.

Legal Area
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Cross-cutting Categories
Duties and powers of national governments

Preamble

An Act to provide for the approval of plans by the Government in relation to climate
change for the purpose of pursuing the transition to a low carbon, climate resilient and
environmentally sustainable economy; to establish a body to be known in the Irish
language as An Chomhairle Chomhairleach um Athrú Aeráide or, in the English
language, as the Climate Change Advisory Council; and to provide for matters
connected therewith.

Legal Area
Objectives
Cross-cutting Categories
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