Environment Bill

Baroness Jones of Moulsecoomb Excerpts

Report stage
Monday 6th September 2021 Lords Chamber

[The Earl of Caithness (Con)]

My Lords, I have listened carefully to the very powerful arguments that have been made. I believe that what is happening with biodiversity is more of an emergency than the climate. I am not certain that I like subsections (2) and (3) of the amendment from the noble Lord, Lord Teverson, and I do not like Amendment 21, which is grouped with Amendment 1 but is not consequential on it. That would make it harder for the Government to pursue their environmental improvement plans and 25-year plan. There would be unnecessary duplication with the amendment from the noble Lord, Lord Bird. I am very happy with subsection (1) of the amendment from the noble Lord, Lord Teverson. The purpose of this Act is to address the biodiversity and climate emergency domestically and globally. Once that is in print, it will be acknowledged by the Government as an emergency. Surely that meets the noble Lord’s point, and if my noble friend the Minister accepts subsection (1), I will be perfectly happy.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, it is a curious experience to be standing up without being called.

The noble Earl, Lord Caithness, has made the classic Conservative error of separating biodiversity from climate. It is all interconnected: you cannot talk about either without accepting that each has an impact on the other. Every noble Lord must understand that we have a climate emergency, and therefore this government Bill is not good enough. We all know that–it is why there are so many amendments at Report. It is our job to improve the Bill and it is the Government’s job to listen and, I hope, accept our improvements.

[Lord Deben (Con)]

I hope that your Lordships will remember the words of the Pope in Laudato Si’, when he said that climate change was the symptom of what we had done to the world. That brings together bio- diversity, imposed poverty, the lack of fertility in our soil, modern slavery and a whole range of other things. Climate change is the planet crying out for the elimination of its disease.

I was not present for his speech but I read carefully what my noble friend said about his commitment to both these things. I hope that, when he comes to answer this debate, he realises that it is extremely difficult for us in the Climate Change Committee to explain to people why biodiversity is part of the answer—putting that right is just as important as a range of other things, and we cannot divorce them from each other. It is difficult, because we have already started doing that, making climate change one sort of thing and these other things different from it. I hope that the Government will understand why this amendment has been put down and why it is important to connect these things. If I have a difficulty, it is that a lot of other things ought to be connected as well, but these two are particularly important this year, given the nature of international negotiations in this area.

I hope also that my noble friend will think to himself a very simple thing: if the Government will not accept the amendment or rewrite the Bill—my noble friend Lord Caithness may be right; I am not arguing in detail about the particular amendment—it is perfectly possible for them to come forward and make a statement in the Bill which makes it clear that the biodiversity and climate emergencies are intimately and intricately connected. I hope my noble friend will realise that, if he cannot say it, he will be showing that the Government are not prepared to say it. That would be really worrying. The reason the Government have to say it is that there is a fundament problem with government: it has a series of silos, and if we are not careful these big issues get caught up in some ministries and not others. Unless we make it clear that this should be a driving force in, say, the Department for Digital, Culture, Media and Sport as much as in the Department for Education, Defra or BEIS, we will not win this battle.

I hope my noble friend will recognise that the House is asking for a very simple statement. If it is refused, I really would not blame people outside for questioning the commitment of the Government as a whole to these two essential parts of the same problem. I look to him if not to accept these amendments then to at least tell the House that, at Third Reading, he will introduce an amendment that will assert publicly the Government’s commitment to these being urgent, necessary issues that deserve the title that we have asked for. I hope he is able to say that; if he is not, it will send the wrong signal, at a time when we should be united in sending the right signals, so that in all discussions people will know precisely where Britain stands.

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[Baroness Jones of Moulsecoomb (GP)]

It is a pleasure to follow the noble Lord, Lord Randall, on one of his and my pet topics. He has covered the issue extremely well. We have all had a very good briefing from Buglife, which I thank very much, supported by Butterfly Conservation, the Bat Conservation Trust, Froglife, the Mammal Society and the Royal Astronomical Society. This comes from a lot of areas of expertise. They all draw attention to the fact that light pollution impacts on humans and other species. I argue that it also impacts on the planet in terms of energy consumption and contributes to greenhouse gas emissions, whether we use LED lights or not. It deserves a place in the Environment Bill.

The last comprehensive consideration of this issue by the Government was the 2009 report of the Royal Commission on Environmental Pollution, Artificial Light in the Environment. Almost none of its recommendations have been implemented, and tackling this cannot be achieved by planning alone. There is also the fact that humans have evolved to rely on the cycle of night and day to govern our physiology. I am a very primitive soul: I would actually like to go to bed when it gets dark and I always wake up at first light, so I am extremely vulnerable to light exposure at the wrong time. I would like the Government Whips to note that when they insist on keeping us here beyond 8 pm. It is inhuman; it goes against human health, and it leads to underperforming. There is also a link to health conditions. We are much better off if we understand that light pollution is not good for us and it is not good for other species.

The noble Lord, Lord Randall, mentioned several species. I would like to add birds that migrate or hunt at night: they navigate by moonlight and starlight, so artificial light might cause them to fly to lit areas, which may or may not have their prey. Many marine species, such as crabs or zooplankton, are attracted to artificial lights, and that can disrupt their feeding and life cycle. All in all, it is an important environmental issue that we really should not ignore.

[Lord Carrington (CB)]

My Lords, there is very little that I can add to the speeches of the two noble Lords who have spoken already, but I will make one small point. The opportunity to prevent species’ decline and improve our environment is certainly presented by this Bill, and this amendment would assist. Addressing light pollution offers a simple solution for the species that we are trying to enhance and protect. We should bear in mind, however, that the pollution that we are trying to address does not linger when the source is dealt with—it is an easy win. It also has the added advantage of reducing carbon gases, so these two are major issues that are worth considering in relation to this amendment.

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[Baroness Finlay of Llandaff (CB)]

I support Amendments 4 and 12, and I am most grateful to the noble Baroness, Lady Hayman of Ullock, for the superb way in which she introduced this group and encapsulated the strength of feeling about the importance of these amendments.

I remind the House that air pollutants reach every organ of the body. They affect growing foetal tissue, not just adults. They affect organs as they develop in children and throughout people’s lives. Very small particles are a particular problem because they stay suspended in the air for prolonged periods and have a propensity to penetrate the deep parts of the lung. Ultrafine particles are especially problematic because in many respects they behave like a gas. As particles become smaller—into the nano scale—their surface area increases exponentially, so chemicals carried on their surface are released into cells and become bioavailable as toxins in the mitochondria within cells. The damage goes throughout the body.

The WHO guidelines are health-based and due to be revised downwards. They will not remain at their current level for many years: they will get tighter, because large epidemiological studies have shown that there are no safe levels of pollutant exposure. I remind the Government that as far back as 2001 their own advisory committee on air quality stated:

“Impact analysis of policies or specific developments, whether for industry, transport, housing etc, should take account of the interlinkages of emissions of air quality and climate change pollutants”.


That has still not occurred.

To increase the relevance of air pollution controls in environments where people live and move around requires greater input that takes into account real-life exposures in different settings, especially urban environments where people work and live close to busy roads and the foci of traffic congestion.

It has been shown in the bay area of California that there is a direct link between health impacts and the levels of pollutants in the air. There are enormous impacts, even from a single two-hour commute in a car. That has been shown to increase human stress metabolism, with very clear differences between people with normal lungs and those who are asthmatic. People with asthma are particularly vulnerable to air pollution.

I stress that point because, in addition to the growing evidence that air pollutant exposure increases susceptibility to SARS-CoV-2 infection, as has already been said it enhances the severity of, and likelihood of death from, a lot of other lung diseases. It is all linked to the social determinants of health. Ella’s death illustrates the tragedy for many.

I remind the House again: the UK has the worst death rate for asthma in Europe and one of the highest incidences of asthma. I worry that short-term finance is driving resistance from the Government, because monitoring levels of these very small particles requires different equipment from that in use at the moment. To avoid doing this properly, however, is a real false economy. Quite apart from tragic deaths, there is the cost to the health service and social care. By installing equipment to measure particulates equal to or less than 10 micrograms per metre cubed, the Government will be prepared and able to set an example to other nations when the WHO guidelines change.

This amendment sets a quality target with a deadline far enough ahead to be achievable. Delay will simply mean that we will be playing catch-up, rather than providing the leadership that is desperately needed.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I have been working on the issue of air pollution for more than two decades. I thank Simon Birkett of Clean Air in London and Rosamund Kissi-Debrah, who are fantastic campaigners, and so tenacious. It moves me that I am able to present some of what they think and are fighting for. I also congratulate the noble Baroness, Lady Hayman of Ullock, on her excellent opening speech—it was far better than anything I can do, I am sure, though I will try.

Amendment 4, on which we may divide, is crucial: it could save your life. The other two amendments are great, because they will help with your health as you go through our filthy London streets, but Amendment 4 is basic. We have to reduce PM2.5. Exposure to these fine particles is the main cause of death for most people who die early from air pollution. These are tiny bits of soot and grit that are so small that they not only stick to the lungs but can pass through them. The noble Baroness, Lady Finlay of Llandaff, explained it much better. We must understand that this is incredibly difficult to control without targets.

Amendment 12 is also extremely important, because the World Health Organization is due to publish its updated air quality guidelines this month, possibly within days. I try never to use the words “air quality”, because we do not have air quality—we have air pollution. We have to remember that. It is filthy and harmful. Many countries around the world follow the previous World Health Organization guidance, which was issued 16 years ago, but we still have nothing. We have a public health crisis leading to tens of thousands of premature deaths and we have identified the main cause, but still we do nothing.

Incinerators can be built and ignore this pollutant. Heathrow can be expanded and ignore this pollutant. Local authorities and national government are making decisions that will potentially damage human health and increase these emissions, but we allow it because we ignore the scientific advice. That really should not be acceptable.

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[Lord Berkeley (Lab)]

The noble Baroness is making a very important speech; I will just add to what she has said. In addition, the Mayor of London covered up the monitoring stations on the roads leading to the Olympics. Otherwise, the pollution would have been worse than it had been in Beijing four years previously.

[Baroness Jones of Moulsecoomb (GP)]

But he did put potted plants there; let us give him some credit.

Amendment 54 is also incredibly important, because it would achieve three important outcomes. First of all, it would put health at the heart of government policy-making. I am an ex-Southwark councillor, like the noble Lord, Lord Kennedy. On the old town hall, there was a translated Latin quotation:

“The health of the people is the highest law”.


That is what this Government absolutely ignore.

Secondly, Amendment 54 would ensure that air quality targets are based on WHO air quality guidelines and achieved as soon as possible. Thirdly, it would ensure that air pollution is properly monitored, particularly where it is a problem, and that people are warned about it.

Please understand that this is a public health crisis. I have tried to get the issue of air pollution into other Bills, but I was always put off and told that whatever Bill it was was not the right Bill to put air pollution in. When we are talking environment, this is the Bill to add air pollution as a serious issue.

[Lord Whitty (Lab)]

My Lords, I declare an interest as I am still a vice-president of Environmental Protection UK, which for most of its lifetime was the National Society for Clean Air. In that capacity, I was a bit remiss in not putting down an amendment myself. I was originally fooled by the Government; it does not happen very often, but it did on this occasion. I thought that by having this as the second clause and PM2.5 right up front in the Bill, they had really seized the opportunity. I did not read it properly.

Clause 1 sets a particular status for long-term targets that then run through the rest of the Bill, but this clause says the target for PM2.5

“may, but need not, be a long-term target.”

Parliamentary draftsmen are usually comfortable putting “may”, because that gives them a certain amount of flexibility, but on this occasion they put “but need not” very clearly. That means that the target envisaged in this clause, as it stands, does not have all the overriding principles and follow-through in the rest of the Bill that a long-term target has. That is why the clause, as it stands, has to be amended.

I support all these amendments. I just want to say two or three other things that colleagues have not yet covered. Before I do so, I say to the House that, in the debates on air quality over the years, one supporter was the late Viscount Simon, a lifelong sufferer from asthma who normally took part and had a lot of insight; we will miss him.

I point out, first, that the WHO targets were set on the basis of health information from over a decade ago. Hopefully, the new ones will be updated. The limits that we have been working to on EU standards were largely set—and I speak as a pro-European—by what the German motor manufacturers would put up with. Even then, they fiddled the testing. So, what we put in as our targets here have to be robust, health based and universally recognised.

It is also important to mention something else. There is a bit of an assumption that, since traffic has been the biggest contributor to air pollution, this is being resolved as we move away from diesel cars. It is not. A lot of pollution from traffic comes from brakes and friction between tyres and the road. In any case, of course, traffic is significantly increasing. The problem will not automatically resolve itself. We need new measures, both for vehicles and for the way we manage traffic. Also, as I believe is covered more fully in a later amendment by the noble Lord, Lord Tope, there are a lot of non-traffic-related sources of PM2.5 and other forms of pollution. They have to be covered just as rigorously.

Thirdly, as my noble friend Lord Kennedy pointed out, the tragic death of Ella Kissi-Debrah happened because of where she lived: on the South Circular, an already heavily polluted road. I would ask local councils of all political complexions not to alter their traffic arrangements to divert the heaviest traffic to areas where the poorest live and where there are likely to be more pedestrians and more children. Moving air pollution around is not a solution. I hope that is recognised.

I support these amendments as they stand. I hope that the Government will be prepared to take at least some of them on board and we can start making a dent in what is a truly terrible aspect of urban life and the health of our people.