Air Pollution

Baroness Hayter of Kentish Town Excerpts

Wednesday 9th January 2019 Lords Chamber

[Lord Callanan]

As I said, 13 member states are subject to these infraction proceedings. Were the backstop, or some level playing field provisions, to come into effect, they would not be enforceable by the European Court of Justice.

[Baroness Hayter of Kentish Town (Lab)]

My Lords, according to the withdrawal agreement—I think it is in Annex 4, with which the Minister will be familiar—if there are any disagreements over air pollution commitments, they are to be agreed by the joint UK-EU committee. However, if those two sides cannot agree, unlike in other areas, there is no provision for an arbitration panel. Why is that?

[Lord Callanan]

It depends on whether the noble Baroness is referring to the implementation period or to the backstop. If she is referring to the backstop, I refer her to the answer I have just given to the noble Baroness, Lady Ludford.

[Baroness Hayter of Kentish Town]

I am sorry, but we are talking about enforcement, and the Minister has not answered the question on enforcement, as opposed to the rules.

[Lord Callanan]

I answered the noble Baroness, Lady Ludford. Were there to be a dispute over the application of the level playing field provisions, it would not be enforced by the European Court of Justice.