Air Pollution

Baroness Jones of Moulsecoomb Excerpts

Wednesday 9th January 2019 Lords Chamber

Asked by

[Baroness Jones of Moulsecoomb]

To ask Her Majesty’s Government whether they will be liable to enforcement action brought by the European Commission in the European Court of Justice regarding breaches of air pollution rules during the proposed transition period; and if so, whether this will continue if the backstop is enacted.

[The Minister of State, Department for Exiting the European Union (Lord Callanan) (Con)]

My Lords, during the implementation period, Union law will continue to apply and the CJEU will have jurisdiction. Any breaches of air pollution rules by the UK during the implementation period could therefore result in enforcement action by the CJEU. Were the backstop to come into effect, the CJEU’s role would be strictly limited to interpreting and enforcing the small number of areas in which EU law would apply. This does not include most air pollution rules.

[Baroness Jones of Moulsecoomb (GP)]

I thank the Minister for his Answer. I am sure he realises that air pollution is a huge problem in Britain today. My big concern is that we will end up with the Government’s draft environmental plan option, which is the office for environmental protection, which has absolutely no teeth and cannot prevent air pollution in any way. Why are the Government not replicating the EU regulations, which most people in Britain would like to see happen?

[Lord Callanan]

I know that the noble Baroness takes a close interest in this important matter. I agree that air pollution is very important. However, the answer to her question is that we are. After we have left the European Union, the same air pollution rules as before will continue to apply in the UK; that was legislated for in the European Union (Withdrawal) Act. The office for environmental protection, which we aim to set up by the end of the implementation period, will be able to enforce those same rules.