Clean Air (Human Rights) Bill [HL]

Debate between Baroness Worthington and Lord Benyon

2nd reading
Friday 8th July 2022 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

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.

[Baroness Worthington (CB)]

My Lords, I know this is very cheeky, as I ran out of time, but I was going to suggest in my speech that one thing we could look at is defining and distinguishing between controllable and uncontrollable sources of pollution. I think this would address the earlier point about targets being achievable. I would love for us to get together and discuss that before Committee.

[Lord Benyon (Con)]

I absolutely accept the point the noble Baroness makes. There is conflicting advice here and I am very happy to share all the advice the Government receive to make sure that, as we progress in our ambitions on air quality, we are using data that we can all understand. I am very happy to proceed on that.

I can confirm to your Lordships’ House that the UK is already required to publish air quality information through a range of legislation, including the Air Quality Standards Regulations and the UN Kyiv protocol, to which we are a party. This includes forecasts, the latest local measurements from our nationwide monitoring networks and local authority networks, as well as health advice informed by the work of the Committee on the Medical Effects of Air Pollutants.

We also fund large-scale public awareness efforts such as Clean Air Day, the UK’s biggest air quality public awareness campaign. To address the point that my noble friend Lady Altmann raised, we are undertaking a comprehensive review of how we communicate air quality information. The review has seven distinct workstreams focusing on both the effective use of data for forecasts, and also, very importantly, getting messaging right and communicating it effectively for different audiences. The workstreams each have their own timetable. Recommendations for tangible action, based on emerging evidence, will be made at intervals between now and 2024, with final recommendations expected in 2024.

The Bill before us also contains a requirement for the Government to make accurate assessments of air pollution. The Air Quality Standards Regulations already set out a detailed regime for the assessment and monitoring of air pollution. There are currently more than 500 monitoring sites across the UK, made up of 14 networks measuring a range of pollutants of concern. In 2021-22—the last financial year—we invested £1.15 million to expand PM2.5 monitoring, and by the end of 2025 we will be investing a further £10 million to at least double the size of the current PM2.5 network. This expansion will provide further data and measure progress against the new PM2.5 targets.

The Government recognise that local authorities have a key role to play in air quality action, and the Bill contains provisions regarding local authorities’ duties to achieve clean air. Under existing legislation, local authorities are already required to review and assess local air quality under the Environment Act 1995, as amended by last year’s Act. Where review and assessment indicate that a local air quality standard or objective is, or is likely to be, exceeded, local authorities are required to develop an air quality action plan. Local authorities produce annual reports, covering progress on improving local air quality, which are submitted to the Secretary of State. Through the Environment Act 2021, we have strengthened the local air quality management framework to place greater emphasis on action to improve air quality, expand the scope of action and enhance enforcement by local authorities.

The Bill would require the establishment of a citizens’ commission for clean air. Many of duties and powers suggested for the citizens’ commission for clean air appear to replicate the functions of the independent Office for Environmental Protection. The OEPs principal objective is to contribute to environmental protection and improvement of the natural environment, including air. The OEP may apply for judicial review or an environmental review in relation to the conduct of a public authority.

The Bill would also require the Government to apply a specified set of environmental principles when making policy. We have consulted on environmental principles under the Environment Act and have published a draft legally binding policy statement on the matter. The Bill would also require the Secretary of State to comply with the UN Convention on Long-Range Transboundary Air Pollution and its protocols—but we are already required to comply with this convention.

The Government are absolutely committed in our ambition to tackle air quality, but we already have an existing legal framework to deliver that ambition. As I have set out today, the Bill would lead to the duplication of existing roles and responsibilities and would make the Government responsible for meeting targets that we know simply cannot be achieved. As I have said, we appreciate the intent behind the Bill and we know we must continue to implement the Environment Act and deliver cleaner air for everyone. The Bill will help to raise awareness of air pollution, its impacts and actions that can be taken to reduce it and safeguard the vulnerable from its effects, which will always be welcome. I look forward to continuing to work with colleagues across your Lordships’ House to deliver the improvements that we all recognise are needed to reduce emissions, prevent serious illness and improve the quality of life for people across the country.

Food Strategy White Paper

Debate between Baroness Worthington and Lord Benyon

Thursday 7th July 2022 Lords Chamber

[Lord Benyon (Con)]

The noble Baroness speaks on a point that affects many people across these islands. I will take her point and relay it to the relevant Minister in the Department of Health, whoever that may be.

[Baroness Worthington (CB)]

Can the Minister tell us who is responsible in government for ensuring that we have secure supplies of food and that we move from a just-in-time delivery system to a just-in-case delivery system? This involves a number of departments of government, but who is responsible?

[Lord Benyon (Con)]

My department has overall responsibility for that, working with other departments. The noble Baroness is right: this is not something government can just mandate. We have an extremely efficient food distribution network and supply chain which was found to be resilient during Covid. It now needs to adapt to a changing world and changing demands from the consumer to make sure that we do not have the vulnerabilities that have been exposed this week in the Netherlands. We want to make sure that we are working with industry to get this right.