Climate change isn't an issue for politicians alone - it's time for businesses and the legal profession to step up

Lawyers have a significant role not just in advising on incoming energy and climate regulation, but also in developing new structures and precedents, and in advising on new aspects of corporate governance and risk management.

For decades politicians have looked to a cadre of scientists, economists, think tanks and NGOs for help in devising international and national responses to the challenges of climate change. There were relatively few opportunities for business or the legal profession to influence the debate and there seemed to be little appreciation of how remote the world of UN climate negotiations seemed to the general public and to many in business. Often seen as a political issue, in order to implement climate change policies effectively industry needs to be instructed and incentivised by a body of clear, collective regulation if it is to make the long term investments required to lower our dependency on fossil fuels and lower global carbon emission.

The scale and the uncertainties around climate change meant that regulating was never going to be easy. The global downturn has also, inevitably, diminished the vitality of the debate. Governments, to their credit, have continued to regulate but have in some cases appeared slow to appreciate the importance of commercial certainty. There has also been a tendency to underestimate the impact of regulatory tinkering on willingness to invest. Many policy initiatives have involved a considerable learning process in relation to the interaction of environmental constraints and market forces. This has included regimes for trading carbon credits, which required the elision of environmental and financial markets expertise, and schemes for reducing emissions from the built environment which have struggled with the implications of landlord - tenant arrangements.

In response to these challenges, the Legal Sector Alliance on Climate Change, an association of 270 commercial law firms, has argued publicly for effective regulation in relation to climate change and low carbon energy. In its most recent communiqué eight principles were set out that policy makers should take into account in formulating new policy and regulation, which includes recommendations relating to investment incentives and the standardisation of products and reporting standards.

There are signs that the mood is shifting towards working with business. Private sector consultation on the development of new UN mechanisms is being encouraged. COP 19 in Warsaw has been promoted as a "business COP", with Poland encouraging the UN to bridge the gap between the policies being shaped through negotiations and the role of business in implementing and financing these obligations. Lawyers can decode and help shape the debate in these areas.

Because the scientific community is in broad agreement on the reality of climate change, it is a risk that companies have to consider as a matter of good management. This makes climate change one among many factors that businesses consider in relation to new projects, transactions, or as part of their risk management and governance processes.

For most sectors climate change is an area comparable to other more traditional issues on which lawyers advise. For the energy sector and for energy intensive business, the impact of the policy response to climate change is likely to be more profound, albeit over a long timescale.  While the primary energy sources for the foreseeable future are fossil fuels, the market share for renewables continues to grow and there is an developing focus on the energy efficiency of buildings, industrial operations and products. These changes are creating new business models, additional issues in transactions and operational challenges. For these industries, lawyers have a significant role not just in advising on incoming regulation, but also in developing new structures and precedents, and in advising on new aspects of corporate governance and risk management. So as the volume of regulation relevant to climate change evolves, expect the role of lawyers to be much broader and more important.

The Legal Sector Alliance on Climate Change has set out eight principles for formulating new policy and regulation. Photograph: Getty Images.

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Labour must unite idealists and nativists to beat Ukip

The party has no coherent economic policy, says Labour donor John Mills. 

The heart of the dilemma faced by Labour is that, by and large, its working-class supporters think that you should look after your own first and everyone else afterwards, while its more idealistic middle-class supporters don’t share these nativist views. Add to this the fact that the Labour party nowadays is more middle class, more internationalist, more public sector-orientated, more metropolitan, more intellectual and less interested in winning elections than it has ever been before, and you can see why Ukip is a huge potential threat.

Ukip started by attracting mainly disaffected Conservative voters who thought their party was weak on the EU and who didn’t like David Cameron’s liberal approach to social issues. More recently, especially during the EU referendum, Ukip picked up a huge amount of Labour support. Of the 9.3m people who voted Labour in the 2015 general election, close to 3.5m of them voted for Leave – and half of these people say they are not going to vote Labour in future. Where are they going to go?

The crucial issue is whether Ukip, having gone through all its recent traumas, will get its act together to scoop up these footloose voters. Up to now, the glue which has held Ukip together has been hostility to the EU and distrust of the political establishment. It has lacked coherent policy. This leaves Ukip still essentially a protest operation rather than as a potentially governing party. But this could change. 

With Labour now increasingly idealistic rather than nativist, Ukip may pull together a string of policies that promise support for working-class solidarity, immigration restrictions, social conservatism and a reindustrialisation plan – very much the platform which won Donald Trump the US presidency. Such a manifesto could attract sufficiently widespread working-class support to make large numbers of Labour seats vulnerable. Ukip came second in 120 constituencies during the 2015 general election. There doesn’t have to be a very large swing for Ukip to start picking up enough seats to make the prospect of a future Labour government more and more remote.

Faced with this prospect, what can Labour do? Three key strategies suggest themselves. One is to avoid alienating potential Labour supporters by trying to persuade them that they should have voted Remain. On the contrary, the party must clearly accept the referendum result, and fight hard and constructively towards getting the best possible Brexit deal. 

Second, Ukip is weak on economic policy. It is all very well to promise reindustrialisation and better jobs, but how is Ukip going to fulfil them? Populism shades very easily into protectionism. There is a principled case for open markets to produce more prosperity - but this may only be possible if there are also changes to monetary and exchange rate policy to avoid unmanageable commercial competition. Ukip may, like the Labour party, find this a hard case to make.

Third, Labour needs to change its tone. There needs to be less talk of abstract universal values and more of concrete steps to improve people’s lives. Labour must celebrate working-class attitudes to self-help, trade unionism, mutual support, patriotism and solidarity. The party must build on the huge influx of members, not least because they are the cadres for the future, but it also must avoid alienating old supporters with many years of experience and commitment. It is up to the party leadership to create such a change.

As it stands, too many Labour people are still trying to derail Brexit. The party has no coherent economic policy and it still looks too London-centric, divorced from its working-class roots. Not a good place to be if Ukip pulls itself together. 

John Mills is a businessman and a Labour donor. He founded the group Labour Leave ahead of the EU referendum and has recently published the pamphlet "Why Trump Won"