The UK government has found itself at a Brexit crossroads with regards to environmental protection, facing widespread criticism for its lacklustre Environmental Bill. Could Denmark offer a way forward? In December 2019, the Danish Parliament passed a forward-thinking climate law imposing exacting legal obligations on its government. Not only does the law commit itself to reducing emissions by 70 percent by 2030 based on 1990 levels, it does so based on a true fair share calculation coupled with a committee that ensures every decision is made through the lens of climate impact. If the UK government were to replicate a similar model, this would lend a great deal of credibility towards its self-professed appetite for environmental governance post-EU membership.
70 percent by 2030
Despite recent progress, the principal struggle for environmental activism is to alter perceptions towards seeing climate change as a pressing problem. Whilst the UK merits praise for being the first major economy to legislate for a net-zero 2050 emissions target, the danger lies in giving the impression that this is an issue for later decades. Conversely, the Danish “70 percent by 2030” obligation encapsulates a sense of urgency. We have less than ten years to drastically alter our current way of living. We must innovate beyond our current capabilities. We must act quickly.
Setting ambitious climate targets necessitates immediate and detailed governmental plans which are adapted as progress is made. Hence, the Danish government´s mandatory setting of new emissions targets across all sectors every five years. The UK already does this, yet a deft of policies in recent years has left carbon budgets far from suited to its 2050 target. Such milestones are informed by the assessment of the Danish Council on Climate Change, similar in nature to the UK Committee on Climate Change (CCC). Crucially the Danish government is legally obliged to take heed of the council´s advice; thus, the Environmental Bill is a prime opportunity to empower the CCC in a similar vein.
An honest ‘fair share’
Current estimates from the BEIS paint a misleading picture of actual levels of greenhouse gas emissions in the UK. According to the ONS, the Climate Change Act estimates emissions at 473 million tonnes of CO2 equivalent. Conversely, other credible estimations, including the UNFCCC, CCC, and ONS Environmental Accounts, put them as high as 784. The reason for this is that the UK only includes territory-based emissions in its statistics, deliberately excluding sources such as international air travel and shipping and burning of biomass. Common reticence to accept the extent of the problem is acknowledged by the Danish climate law which includes import and overseas consumption emissions in its calculations. This recognises that consumerism is a significant part of the issue, with the Nordic countries consuming approximately four and a half times over the sustainable level on average. The law also precludes the government from relying on carbon offsetting to reduce emission statistics. The UK urgently needs to adopt this methodology as the world’s 5th largest importer with the 11th largest household consumption per capita.
How the government operates in this respect has an important top-down effect. With local councils up and down the country having declared a climate emergency; many are beginning to form climate action plans that have the power to green the local economy significantly and encourage profound behaviour change in constituents. How the government arrives at its estimations will guide the councils in making their own calculations.
Subscribing to the fair share ideal is incredibly important in respecting the internationally recognised principles of “Common and Differentiated Responsibilities and Respective Capabilities” and “Sustainable Development”. This is reinforced by a commitment to integrate climate change in foreign development aid and trade policy. Similar commitments could allay fears that merging DFID and the FCO will impact willingness to provide aid to developing countries.
Standing Committee on Green Transformation
The Danish law establishes a Standing Committee on Green Transformation which acts as a filtering mechanism to ensure that ministerial decisions factor in climate impact. This has a unifying effect by bringing the ministries together at crucial moments of policy preparation. In contrast, the UK government has adopted a different tact with the proposed Office for Environmental Protection. As it stands, the replacement for the European Commission will scrutinise all government policy with the power to run independent investigations. However, critics have argued it will fall short of holding government to account. Notably, it will only have the power to take public bodies to court only in times of urgency and will be incapable of directly fining government for breaches. If the government insists on limiting the office in this way, creating such an adversarial “them v us” approach will be ineffective. The addition of a Standing Committee akin to the Danish model would encourage a collaborative internal approach which, whilst softer in nature, could lead to better results.
A positive way forward post Brexit?
There is much to be gleaned from the bold approach to climate governance which Denmark has proffered. This is a law which came about as a result of significant interest amongst the electorate in climate change which the leading political parties could simply not ignore. It is inevitable that in time this is the way the tide will turn in the UK. However, at such an important moment of change in the domestic institutional makeup there is an opportunity for the government to be proactive and commit itself to robust legal obligations. The vast criticism of the Environmental Bill signifies it is time to go back to the drawing board, and this climate law is an opportune starting point.
