In Context: The Climate Change Bill

Why was new legislation introduced? 

The Scottish Government has scrapped its legally binding target of reducing emissions by 75 per cent by 2030. 

In April, net zero secretary Màiri McAllan told the Scottish Parliament the government’s flagship target was “out of reach” and said the Scottish Government had to act to chart a course to achieve net zero by 2045.

It followed a report by the Climate Change Committee (CCC) the month before McAllan’s statement, which said Scotland’s 2030 climate goals were no longer credible. 

The CCC cited continued delays to the Scottish Government’s updated Climate Change Plan and said further slippage in promised climate policies meant it no longer believed that it could meet its statutory 2030 goal. Damningly, it added “there is no comprehensive strategy for Scotland to decarbonise towards net zero”.

This was not the first warning that Scotland’s path to net zero is under threat. In 2023, the CCC reported that Scotland had missed its annual target for cutting emissions in 2021. This was the eighth time in the past 12 years that the Scottish Government missed a target. It argued the main contributing factor to missing the target was the year-on-year increase of domestic travel “following the impact of the Covid lockdown in 2020”.  

What is the Climate Change Bill? 

The new Climate Change (Emissions Reduction Targets) (Scotland) Bill scraps annual and interim targets set in law by the Climate Change (Scotland) Act 2009. The previous legislative framework set targets such as reducing carbon emissions by 42 per cent by 2020 and an 80 per cent reduction by 2050, compared to 1990 levels.

In 2019, amendments were made to legislation which committed Scotland to achieve net zero greenhouse gas emissions by 2045 – five years quicker than anywhere else in the UK. It set interim targets of 56 per cent by 2020, 75 per cent by 2030, and 90 per cent by 2040. 

The new climate change legislation will see a move to a five-year cycle of carbon budgeting, instead of reducing gradually by a set time.

What is carbon budgeting?

Based on recommendations from the CCC, carbon budgeting aims to provide a more reliable framework for emissions reduction rather setting short-term targets, which have proven unreliable by events like particularly cold winters or pandemics. The shift will mean emissions limits will be set over five-year periods – in effect creating an aggregate amount of emissions that can be released over a given period. 

It is hoped the change will allow for a more stable and predictable path to net zero.

What else will the legislation do?

As well as structural change, the bill emphasises the importance of a just transition to support communities and sectors affected by the move to a low-carbon economy, through initiatives like targeted funding, job creation, and sector-specific plans.

The legislation continues to include areas like international shipping and aviation emissions and prevents emissions carrying over from one budget period to another in order to ensure accountability. 

How did the parties vote?

The bill passed by 105 votes to zero, receiving support from all parties, apart from the Scottish Greens whose seven MSPs abstained. But the Scottish Government has received heavy criticism from across the chamber. 

The reaction

Acting Net Zero Secretary Gillian Martin said: “It is crucial that our target pathway to 2045 is set at a pace and scale that is feasible and reflects the latest independent expert advice.

“Carbon budgets are an established model for assessment of emissions reductions used by other nations including Japan, France, England and Wales, and they will include emissions from international aviation and shipping and there will be no provision to ‘carry over’ emissions from one carbon budget to another.

“We will continue leading on climate action that is fair, ambitious and capable of rising to the emergency before us and reflects our commitment to the ambition of credible emissions reduction.”

Co-leader of the Scottish Greens, Patrick Harvie: “I think we should be a bit embarrassed by the need for this Bill.”

Scottish Conservative net zero spokesperson Douglas Lumsden: “The SNP are all talk and no action when it comes to climate change.

“They missed their own annual climate targets in nine out of the last 13 occasions and their sheer incompetence means they have now dumped them altogether.”

Scottish Labour net zero spokesperson Sarah Boyack: “The SNP cannot make the same mistakes again - this Bill must be backed up with a real plan to meet our remaining targets and ensure our homes, transport and communities can deliver the just transition we urgently need.”

Scottish Liberal Democrat climate crisis spokesperson Liam McArthur: “This is yet another mess of the SNP’s own making.

“Ambitious targets were repeatedly undermined by SNP and Green ministers failing to do the hard graft of insulating homes, making transport cleaner or creating green jobs.”