Clean Air (Human Rights) Bill [HL] — House of Lords, 2022-07-08
Topic: Environment
Richard Benyon (Independent, Unknown): My Lords, I thank all noble Lords across the House who have participated in today’s debate, particularly the noble Baroness, Lady Jones of Moulsecoomb, for raising this important issue and for her usual robust way of introducing it This Government take air quality and its effects extremely seriously. Although we have achieved significant reductions in air pollution, it remains the largest environmental risk to public health in the UK. The tragic death of Ella Adoo Kissi-Debrah in 2013 continues to remind us that, when it comes to improving air quality, there is absolutely no room for complacency. I echo noble Lords’ welcome to her mother, Rosamund, in the Chamber today. She has met the Secretary of State and Ministers and all have been impressed by the dignity and determination with which she conducts her campaign I fully appreciate the intention behind this Bill and welcome the ambition to drive down air pollution shown by all noble Lords who have spoken today. We have a comprehensive existing legal framework, in large part thanks to the Environment Act 2021, which holds us to account on driving continuous reductions in air pollution and provides relevant powers and ensures that we use them, as the noble Baroness, Lady Worthington, said. We are taking significant action, but we know we must continue to do more to deliver cleaner air for everyone. The Bill in large part echoes existing powers in the Environment Act 2021, which is our framework for environmental protection in the UK The Bill contains targets for a range of air pollutants. We already have a comprehensive range of legally binding targets for emissions and concentrations of the most harmful pollutants at local and national level. We are also setting two new stretching targets for fine particulate matter, PM2.5, the pollutant most harmful to human health, under the 2021 Act. I say to my noble friend Lord Holmes that we are leading the way by including an innovative population exposure reduction target in our target framework. This target will drive continuous improvement and will, on average, cut peoples’ exposure by over one-third by 2040 compared to 2018 levels. To the noble Baroness, Lady Brinton, I say that we have recently concluded our consultation on new targets and will respond in due course; it would not be appropriate to pre-empt that response The 2021 Act enables the Government to set long-term targets in respect of any matter which relates to the natural environment or people’s enjoyment of it. However, the Act also rightly requires that the Secretary of State must be satisfied that such targets can be met. I have yet to see evidence that some of the targets proposed in this Bill, such as zero concentration of indoor damp and mould and a PM2.5 annual mean concentration of five micrograms per cubic metre, could actually be achieved. In fact, due to the level of natural and transboundary pollution in some parts of the country, this PM2.5 target could not be achieved even if we removed all the people from these areas—that addresses a point that my noble friend Lady Altmann made. Even if these islands of ours were totally deserted, the annual concentration of PM2.5 would likely be above 5 micrograms As a Government, we have worked with internationally recognised experts to inform our existing proposed targets to ensure that they are stretching but achievable, but we always welcome further evidence on this topic and it does not mean that we should not continue to challenge ourselves to go further where possible. That is why we are proposing to set an exposure target alongside a concentration target under the 2021 Act, to drive continual improvements across the country Elsewhere, the Bill contains provisions to require the Environment Agency and the Committee on Climate Change to review pollutants and limits and advise the Government accordingly. The newly created Office for Environmental Protection already has powers set out in the 2021 Act to scrutinise and advise the Government on environmental law. The OEP is rightly independent of government and is well placed to perform this role, whereas the Environment Agency is an executive agency answerable to the Secretary of State The Bill also contains provisions to enhance the duties of various public bodies to contribute to the maintenance of clean air. Under the 2021 Act, we have already created a new power for the Secretary of State to designate "relevant public authorities". A relevant public authority will be required to collaborate with local authorities to achieve local air quality objectives. We have recently completed a consultation on the designation of National Highways as the first relevant public authority, and we are considering further public authorities for designation The Bill suggests giving the Environment Agency the principal aim of achieving and maintaining clean air. The principal aim of the Environment Agency in discharging its functions is to protect or enhance the environment, and this already includes air quality The Bill suggests that we make clean air a human right. However, not all sources of air pollution are under the Government’s control. Significant contributions to UK air pollution come from other countries, depending on the weather, and natural sources also make a key contribution in some areas. We are working to tackle transboundary air pollution through our commitments and our review of the Gothenburg protocol under the UNECE Convention on Long-range Transboundary Air Pollution. However, the transboundary and trans-national nature of air pollution makes it ill-suited to be a general or human right.