Key Facts
- •Global Feedback Ltd. challenged the legality of the Government's Food Strategy, arguing it failed to comply with the Climate Change Act 2008.
- •The key question was whether the Secretary of State's duty under section 13(1) of the Climate Change Act (to prepare proposals and policies to meet carbon budgets) applied to the Food Strategy.
- •The Food Strategy was prepared by the Secretary of State for Environment, Food and Rural Affairs (SSEFRA), while the Secretary of State for Energy, Security and Net Zero (SSESNZ) has overall responsibility for carbon budgets under the Act.
- •The challenge also questioned whether SSEFRA failed to give sufficient weight to the Climate Change Committee's (CCC) advice.
- •The Court of Appeal considered the interpretation of "the Secretary of State" within the Act and the interaction between different government departments in climate change policy.
Legal Principles
Statutory interpretation of "the Secretary of State" in the Climate Change Act 2008.
Interpretation Act 1978, s.5; Harrison v Bush (1855); Re Quinn’s Application [1996]; Cabinet Manual (2011); Ministerial Code (2022); R. (on the application of BAPIO Action Ltd.) v Secretary of State for the Home Department [2008].
The duty under section 13 of the Climate Change Act 2008 is a continuing one, requiring a strategic, whole-economy assessment.
Friends of the Earth v Secretary of State for Business, Energy and Industrial Strategy [2022].
The weight to be given to expert advice (e.g., CCC) depends on the statutory framework. Where there's no explicit duty to consider advice, a court should not impose one.
R. (on the application of Wyatt) v Fareham Borough Council [2022]; Climate Change Act 2008, s.13.
Outcomes
The Court of Appeal dismissed Global Feedback's claim.
The court held that section 13 of the Climate Change Act 2008 did not apply to the preparation of the Food Strategy. The duty under section 13 rests with the Secretary of State responsible for overall carbon budget compliance (SSESNZ), requiring a holistic, economy-wide approach, not a sector-specific one. Furthermore, there was no statutory duty to give significant weight to CCC advice in this context.