Environment Bill (Third sitting)

Alan Whitehead Excerpts

Thursday 12th March 2020 Public Bill Committees

[The Chair]

Good morning. I thank the witnesses for attending. This is an important Bill, and it is important that we have the opportunity to hear expert evidence. You are probably aware that members of the Committee have already received the briefings that you issued, so I do not propose to request that you go through yours; you can assume that people have read it, so we will go straight into questioning. I ask each witness to introduce themselves for the record, from left to right—purely topographically—and to say which organisation you represent.

Liam Sollis: Hi everyone. My name is Liam Sollis. I am the head of policy at UNICEF UK.

Katie Nield: Hello. My name is Katie Nield. I am a clean air lawyer at a charity called ClientEarth.

Sarah MacFadyen: I am Sarah MacFadyen. I am the head of policy and public affairs at the British Lung Foundation.

Professor Lewis: Hello. I am Alastair Lewis. I am a professor of atmospheric chemistry. I am here as the chair of the Department for Environment, Food and Rural Affairs advisory group on air pollution—the air quality expert group.

[Dr Alan Whitehead (Southampton, Test) (Lab)]

Q126 Good morning. This may be a bit of a challenge, but for the Committee’s edification, could you—between you, or one or two of you—give us a little scene-setting about the impact of air quality on human health, with regard to asthma rates, disability, causes of death and so on, and then briefly set out for us where you think we are with Government action in this area? That is particularly important for what we may put into the Bill.

Sarah MacFadyen: I will start on health impacts. Air pollution is absolutely a risk to everybody’s health. Our understanding of the evidence base on how it relates to different health conditions is growing all the time. We know for sure that air pollution is a carcinogen, and it is absolutely linked to the development of lung cancer, including in people who do not have other risk factors such as smoking. We know that air pollution is also a cause of heart disease. There is also evidence that is not quite as strong, though definitely emerging, suggesting that air pollution could be a cause of asthma and a whole range of other health conditions, including things like diabetes and dementia. It is a really rich area of research at the moment.

As well as causing ill health, air pollution has a huge impact on people living with a long-term health condition, especially respiratory conditions such as asthma or chronic obstructive pulmonary disease. There is really strong evidence that breathing polluted air will make people’s symptoms worse and could trigger an attack or an exacerbation—in some cases even hospitalisation.

Professor Lewis: It is worth unpacking that air pollution is not one thing; it is a whole range of different chemicals and entities. We may get into more detail on that. Broadly speaking, in the UK we are concerned about particulate matter, which is the small, fine, respirable particles—small droplets or small solids—that can get into your lungs and cause irritation. The health impacts have been described.

There is also a gas, nitrogen dioxide, which is brown—you see it as a haze. That has been covered a lot around diesel engine emissions, and it has similar effects. The third gaseous pollutant is surface ozone, which causes harm and irritation to the lungs and causes damage to crops and plants and reduces agricultural yield. Each of those has its own effect and each needs its own solution, so it is always worth breaking air pollution apart to understand which of the pollutants we are talking about, and which actions will bring about improvements.

Liam Sollis: Infants are likely to breathe as much as three times as much air as adults, because they breathe faster, and for other reasons, so children are particularly vulnerable to the impacts of air pollution. We have heard about some of the health impacts of that. There is growing evidence every single day about the impact on lung health, the propensity for risk of cancer, and how air pollution can affect a child’s lung development. There is new evidence that suggests it may have an impact on child brain development as well. When it is seen through the crystal clear lens of the impact on child health, we see it really needs to be prioritised.

I say that partly because about a third of children in the UK—4.5 million children between the ages of zero and 18, and 1.6 million children under five—are growing up in areas with unsafe levels of particulate matter. Those are huge numbers. When we reflect on the Bill, and the extent to which we should push for high levels of ambition on what we can achieve, in relation to the targets set and the implementation plans that follow, we need to keep the impact on the most vulnerable people in our society right at the front and centre of our thoughts.

Katie Nield: To add to that, and hopefully bring this back to the opportunity that is on the table through the Bill, all that makes it really clear that we need a legal framework that sets a meaningful ambition to protect people’s health, as well as requiring action to achieve and deliver on that ambition. We already have legal limits for air quality and the emission of certain pollutants in law, but what we have does not achieve them.

Most specifically and starkly, the legal limits we have for particulate matter pollution—one of the most harmful pollutants to human health—are not strong enough to protect our health, and the health of children and vulnerable people. Those limits are more than two times higher—that is, two times less strong—than the guidelines that the World Health Organisation set back in 2005. That is why we are really keen for the Environment Bill to provide the opportunity for setting a higher level of ambition when it comes to protecting people’s health, and the opportunity to commit the Government to achieving those World Health Organisation guideline levels of particulate matter, and to putting a plan in place to show how they will do that.

[Dr Whitehead]

Q I guess you were surprised that the Bill does not require legally binding targets to be set until October 2022 and does not go any way towards ensuring that the UK meets World Health Organisation clean air emission limits, for example. Are there particular measures that you think should be put in the Bill to enable those things to be addressed properly? How might we ensure that the limits are properly reflected in the legislation?

Professor Lewis: I will comment on the setting of targets, which is obviously an area in which a lot of people have an interest. It is worth understanding that there are quite a few components to what setting a target means, and there is more to that than simply crossing out an existing 20 or 25 and writing in 10. Although there is probably universal agreement that we want to head for a limit value of around 10, from a scientific perspective, we have to be absolutely sure that we have all the other parts in place at the same time, particularly the means to assess progress. It is no good setting a limit if we are not confident that we can measure progress towards it. That is considerably harder than picking the number that you would like to shoot for.

I have some sympathy about the timescales, if the timescales are to allow us to get the assessment framework right, because I suspect that will take a bit of time. The UK is potentially going into a place, in terms of the limit value, where no other large developed country has been before, so we are likely to need infrastructure, methodologies and so on to assess progress towards that, for which there is no blueprint. The WHO does not tell you how to do the assessment side. If all that is wrapped up in the discussion of what is a target and setting a target, we need to be a bit cautious about trying to do things too quickly, in case we do not get the assessment part of the equation right.

Katie Nield: I mentioned that the existing legal limit for particulate matter is too weak. It is great that the Bill acknowledges that, because it is the only target that is specifically required by the Bill—a new binding target for PM_2.5 pollution. It is really positive that the Bill, in that respect, recognises the current weaknesses.

What the Bill does not do and does not tell us, however, is how that target will actually be set to better protect people’s health. As you alluded to, the decision on that is kicked down the road for another two and a half years. Issues around finding out exactly how it will be assessed aside, we are frustrated because we know that we need action to tackle this pollutant now. We have heard from the other panel members the impacts that it is having on people’s health now. We do not want the ambition to take urgent action to tackle this pollutant to be stalled for another two and a half years.

There is evidence that it is possible to achieve the WHO guidelines for this pollutant by 2030. The Department for Environment, Food and Rural Affairs released a report last year that concluded that. London is arguably the city in the country with the largest-scale problem when it comes to particulate matter, but it is also said to be possible in the capital too. With all the evidence there, despite the ins and outs of exactly how the target will be assessed, and the fact that it might be set out in subsequent secondary legislation, the Bill provides a real opportunity to set out the Government’s stall now, and show that they are committed to real ambition to protect people’s health now, rather than delaying action any further.

Sarah MacFadyen: We fully understand that the Government’s intention with the legislation is to allow them to consult with the right experts on the environment and health to set the right targets, but we feel that, with air pollution, the World Health Organisation has made its recommendation very clear, and it is the expert on this. There is a really strong case for taking that guideline and committing to it in the legislation, in addition to doing the work around that to set out exactly how we will reach it and monitor our progress.

Liam Sollis: The logic that underpins the WHO recommendation is to set a benchmark that says, “If the PM_2.5 levels exceed this level, you will be doing irrevocable harm to people’s health.” We need to make sure that we target below that, because it has been designated by health experts as the very maximum that we can legitimately see as permissible. That level of ambition needs to be front and centre, because health is the common purpose that underpins the air quality component of the Bill.

On the timing of the targets, some important points have been made. We want to make sure that the process of setting the targets and the assessment processes that will follow will not stall action and implementation and hold things up any longer than they need to. We need action now, because people are falling ill and dying now. The more impetus there is, and the quicker we can move towards that, the better for people’s long-term health.

[The Chair]

I shall bring in the Minister responsible for the Bill, Rebecca Pow.

--- Later in debate ---

[The Chair]

Good afternoon. We will now hear evidence from Water UK, Blueprint for Water and the Marine Conservation Society. We have until 1 pm, but it has been very difficult to get through all the questions in the time allocated. As Members of the Committee do not seem to understand what “concise” means, I ask them to condense their questions. Our witnesses are very welcome. Do not feel that you have to answer every question if you do not have anything to add to what the others have already said.

[Dr Whitehead]

Q Good afternoon. I want to start with some thoughts about water efficiency, and specifically the extent to which it is widely thought that the Bill perhaps misses the opportunity to strengthen water efficiency targets and encourage homes and businesses to reduce their water usage. Do you think there should be powers and targets included in the Bill to enable those efficiency measures to be expedited?

Stuart Colville: My name is Stuart Colville and I am from Water UK. The position of the water industry is really clear on this. Looking at the second half of this century, we are starting to see projections of water deficits in every part of England, and water efficiency is clearly part of the toolkit for dealing with that. We would like to see some of the Bill’s resource efficiency clauses used to bring forward a scheme to label water-using appliances—dishwashers, washing machines and that kind of thing—coupled with minimum standards. We feel that is really important. The modelling shows that if you do not do that kind of thing, you end up having to bring forward a lot of supply-side measures, such as strategic transfer schemes or desalination plants, which are not only very expensive, but quite carbon-intensive. That is the kind of measure we are looking for from the Bill.

Ian Hepburn: I am Ian Hepburn of Blueprint for Water, which is part of the Greener UK coalition. We entirely support and endorse the view that there should be opportunities for water consumption reductions in the Bill. We have identified a couple of parts of the waste and resource efficiency element of the Bill that could allow for the relevant reduction opportunities to be put in, in the form of mandatory water efficiency labelling and setting standards. There is an absence of a target, and if this Bill could be used to produce a target for water efficiency, we would be very supportive of that.

[Dr Whitehead]

Q I want to touch on the other aspect of water that we have heard rather a lot about recently, namely flooding, and observe that the Bill likewise holds no powers or duties on flood defence or work on drainage of waste water to reduce flood risk. Do you think that is an omission in the Bill, or are there other ways in which such measures could be reliably incorporated into legislation?

Stuart Colville: From a water industry perspective, the most serious omission, or the thing we would most want addressed, is a recognition in statute of these things called drainage and waste water or drainage and sewage management plans. There is no adjacent duty on those others in the water industry to co-operate and collaborate in the development of those plans. Those plans are slightly technical, but we see them as fundamental to our long-term ability to deal with increased rainfall patterns, climate change and so on, to ensure that there is enough capacity to meet that.

At the moment, the onus is placed on water companies, which is correct because they are at the heart of that planning process, but there is an absence of any requirement on other operators of drainage systems to be part of that. In practice, we are already seeing that leading to some variability across the country in the quality of co-operation, whether with strategic road operators or local authorities. The most serious omission for us is that lack of obligation on others to be part of that process, to be around the table and to think about how these very long-term plans will work.

Ian Hepburn: If I could add briefly to that, one of the big opportunities missed in this Bill is to provide for a strategic catchment-scale management of water. Without that, we have lots of little piecemeal bits of mechanisms, bits of legislation, the flood and coastal erosion risk management strategy, the resource management plans that are coming in—a whole host of different elements, none of which are joined up. That join-up cuts across to the Agriculture Bill and the opportunities there under the environmental land management scheme to generate natural flood management opportunities.

If none of those are joined up and it is not dealt with in a strategic way, we will still be doing things using a very piecemeal, bitty approach, and that is not the way water works. Water falls, it moves, it goes into the sea; that is what you have to manage. You are managing the issues that we will increasingly face, too much water and too little water. We have to manage for that. We have to manage that so that we are able to take out water for our own communities and purposes, while having enough left for the environment.

Chris Tuckett: I am Chris Tuckett from the Marine Conservation Society. I entirely agree with what Ian says about the connectivity between different parts of the environment. Yes, if you are managing the environment in terms of waste water and drainage, that also means that potentially preventing things such as bathing water quality impacts down at the sea. It is about looking at the different aspects in a more integrated way. Some of it is in the Bill—certainly in part I, which is quite general and integrated—but the connection is quite often missing. It should not be missed; in thinking about the Bill, we should think about the connections in our environment.

[The Chair]

Minister, would you like to add to our proceedings?