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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The SATs strike: why parents are taking their children out of school to protest against exams

Parents are keeping their children away from school to highlight the dangers of “over testing” young pupils.

My heart is beating fast and I feel sick. I force myself to eat some chocolate because someone said it might help. I take a deep breath and open the door…

The hall is silent except for the occasional cough and the shuffling of chairs. The stench of nervous sweat lingers in the air.

“Turn over your papers, you may begin.”

I look at the clock and I am filled with panic. I feel like I might pass out. I pick up my pen but my palms are so sweaty it is hard to grip it properly. I want to cry. I want to scream, and I really need the toilet.

This was how I felt before every GCSE exam I took. I was 16. This was also how I felt before taking my driving test, aged 22, and my journalism training (NCTJ) exams when I was 24.

Being tested makes most of us feel anxious. After all, we have just one chance to get stuff right. To remember everything we have learned in a short space of time. To recall facts and figures under pressure; to avoid failure.

Even the most academic of adults can find being in an exam situation stressful, so it’s not hard to imagine how a young child about to sit their Year 2 SATs must feel.

Today thousands of parents are keeping their kids off school in protest at these tough new national tests. They are risking fines, prosecution and possible jail time for breach of government rules. By yesterday morning, more than 37,000 people had signed a petition backing the Let Our Kids Be Kids campaign and I was one of them.

I have a daughter in reception class who will be just six years old when she sits her SATs. These little ones are barely out of pull-up pants and now they are expected to take formal exams! What next? Babies taught while they are in the womb? Toddlers sitting spelling tests?

Infants have fragile self-esteem. A blow to their confidence at such an impressionable age can affect them way into adulthood. We need to build them up not tear them down. We need to ensure they enjoy school, not dread it. Anxiety and fear are not conducive to learning. It is like throwing books at their heads as a way of teaching them to read. It will not work. They are not machines. They need to want to learn.

When did we stop treating children like children? Maybe David Cameron would be happier if we just stopped reproducing all together. After all, what use to the economy are these pesky kids with their tiny brains and individual emotional needs? Running around all happy and carefree, selfishly enjoying their childhood without any regard to government statistics or national targets.

Year 2 SATs, along with proposals for a longer school day and calls for baseline reception assessments (thankfully now dropped) are just further proof that the government do not have our children’s best interests at heart. It also shows a distinct lack of common sense. It doesn’t take a PhD in education to comprehend that a child is far more likely to thrive in a calm, supportive and enjoyable environment. Learning should be fun. The value in learning through play seems to be largely underestimated.

The UK already has a far lower school starting age than many other countries, and in my opinion, we are already forcing them into a formal learning environment way too soon.

With mental health illness rates among British children already on the rise, it is about time our kids were put first. The government needs to stop “throwing books at heads” and start listening to teachers and parents about what is best for the children.

Emily-Jane Clark is a freelance journalist, mother-of-two and creator of stolensleep.com, a humorous antithesis to baby advice.