Environmental Targets (Fine Particulate Matter) (England) Regulations 2022

Lord Benyon Excerpts

Monday 30th January 2023 Lords Chamber

Moved by

[Lord Benyon]

That the draft Regulations laid before the House on 19 December 2022 be approved.

Relevant document: 25th Report from the Secondary Legislation Scrutiny Committee (special attention drawn to the instrument)

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, this instrument sets two legally binding targets for air quality, as required under the Environment Act 2021. Along with the five other environmental target instruments, this instrument implements the Government’s commitment to leave the environment in a better state than we found it.

The two targets both relate to fine particulate matter or PM2.5—the pollutant most harmful to human health. They will work in tandem to drive improvements in the parts of England with the highest concentrations, while reducing average exposure across the country, driving public health benefits.

The 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 thank Rosamund Adoo-Kissi-Debrah. I pay tribute to her family and friends who campaigned so tirelessly on this issue and continue to do so.

Achieving our targets will make a significant contribution to public health and in reducing burdens on the NHS. Our modelling indicates that, over the course of 18 years, achieving the targets would result in 214,000 fewer cases of cardiovascular disease, 56,000 fewer strokes, 70,000 fewer cases of asthma and 23,000 fewer cases of lung cancer. Our analysis also indicates that achieving the targets could save £38 billion in social costs associated with human health, productivity and ecosystems between 2023 and 2040.

PM2.5 is a complex pollutant emitted from many different sources. Reducing levels means driving action across our society and economy. This includes emissions from all sectors—agriculture, road transport, domestic combustion and industry. Businesses and individuals will also have a role to play.

We followed a rigorous, evidence-based process, working with internationally recognised experts to set targets which are stretching, achievable and specific to our national circumstances. The first target set out in the instrument is the annual mean concentration target. This sets a maximum concentration of 10 micrograms per cubic metre to be met across England by 31 December 2040.

I turn to the regret amendment tabled by the noble Baroness, Lady Hayman of Ullock. If she were able to wave a magic wand and switch off the UK economy, she would not achieve 5 micrograms per cubic metre. PM2.5 exists naturally in our environment. It is blown to parts of the UK from abroad or through factors beyond our control, such as shipping. She knows that Section 4 of the Environment Act requires that all these targets must be achievable. The ambition that she demands is unachievable. If I were to be churlish, I should say that it is no more than a gesture—one which would put us in breach of the Act. She is actually asking the Government to break the law, because we could not hit these targets.

I understand that the noble Baroness has got this 5-microgram figure from the World Health Organization, a pan-national body which, for perfectly understandable reasons, encourages a very high level of ambition that seeks to drive change in countries across the world. But Governments are different. In creating targets or regulations, we have to operate within our own laws and live in the land of the possible. What parts of the economy does she want to snuff out in order to hit her target? What behaviour change does she want to impose on citizens for her figure to be a reality?

I have huge respect for the noble Baroness. She is good at holding me and the Government to account, but I suggest that this is not her finest hour. I have been in opposition, and I accept that it is the job of the Opposition to push the Government to the greatest degree possible, but this regret amendment is not good opposition. As with her regret amendment last week on water quality, it is based on an entirely false premise. The evidence for the negative effects on health of PM2.5 is clear. I well understand the dangers. I assure noble Lords—and the noble Baroness—that we are absolutely committed to action to reduce air pollution, but we need to do this in a proportionate and achievable manner. I emphasise “achievable”.

PM2.5 is a complex pollutant and there are no easy solutions. An earlier target date would mean significant restrictions and costs on businesses and on people’s lives. The noble Baroness must be frank with the people of this country and tell them what activities she wants them to stop doing. The shortest of discussions with air-quality experts reveals that a particular challenge exists in urban areas, where the highest number of people live. For example, we expect most of England to meet the 10-microgram target by 2030. She mentions the EU in her amendment. I have no doubt that the EU will fail to hit its target figure by 2030, because many countries in the EU have worse challenges than we do. Meeting the target everywhere for a lower particulate matter is not realistically achievable. It would require new technological innovation to progress more quickly than can reasonably be expected. It would likely require bans on all domestic solid fuel burning, and significant restrictions on personal car use in our towns and cities and on commercial deliveries and vehicle use as well. We are working across the economy to try to clean up our transport network provision and to focus on pollution hotspots, working with bodies such as local authorities and Highways England.

We do not believe that it would be reasonable or fair to impose these kinds of restrictions on people now or in the immediate future. If political parties are proposing measures which will seriously restrict some pretty basic freedoms, they must be up front and honest with the electorate. Our evidence indicates that 5 micrograms per cubic metre is not possible as a nationwide target. It shows that between 6 and 8 micrograms per cubic metre—or 2018 levels in the south-east of England—are not from emissions that we can control in this country. This is the point. These levels come from a combination of natural sources, emissions from other countries—such as air blown across the English Channel from Europe and from shipping. I repeat: even if everyone in England left the country, it would not just be challenging to meet 5 micrograms per cubic metre everywhere; it would be impossible.

As important is to drive down the highest concentrations. It is also essential that we ensure that action is taken across the whole of England, because there is no safe level of PM2.5.

This instrument also makes our innovative population exposure reduction target law. This sets a 35% reduction in average population exposure by 31 December 2040, compared with a baseline period of 2016 to 2018. This is perhaps the most meaningful target. It focuses on health outcomes and reflects the fact that all improvements to PM2.5 exposure will result in health benefits. The target therefore drives action to reduce exposure for all, maximising public health benefits.

The instrument also sets out the framework for assessing compliance with the two targets. Assessment will be carried out through PM2.5 monitors on our national network. To facilitate this, we are investing over £10 million up to 2025 to expand the existing network to more than double its current size. This adds well over 100 monitors across England from December 2021.

In conclusion, this instrument is an essential first step in ensuring that the environment is left in a better state than we found it, by requiring the Government to drive down levels of this harmful pollutant. Having legislated for this ambition, we will set out our delivery plan in the forthcoming environmental improvement plan. I beg to move.

Amendment to the Motion

Moved by

--- Later in debate ---

[The Earl of Caithness (Con)]

My Lords, can I challenge the noble Baroness on what she said? While it was very interesting, she focused entirely on outdoor pollution from PM. There is a much greater problem of indoor pollution from PM, about which we know much less. There is much less monitoring of it but it comes from damp houses and from the chemicals we use; it comes from a whole range of issues. She referred specifically to the outdoors and then to people suffering from asthma. They are going to be suffering indoors as well, given the pollution inside our houses. This is why the whole of air pollution is so difficult. Theoretically, we know much more about outside pollution, which is much more heavily monitored. Even the noble Lord, Lord Tope, said how difficult it has been to reduce particulates in the City of London, despite how much the traffic has reduced. Yes, this is a hugely complex and very difficult and sensitive issue, but we need to look at it in the round. I have no doubt that by 2030 we will have a huge reduction, but it is going to be totally impossible to get to the required level for every single area in England.

[Lord Benyon (Con)]

My Lords, I am grateful to everyone for their valuable contributions to this debate. To answer directly the concerns of the noble Lord, Lord Whitty, I say that this is not about a lack of ambition. I have had many opportunities to speak in the House on this issue and I share entirely noble Lords’ ambition to achieve it, but we have to comply with the law. That is why the regret amendment, praying in aid 5 micrograms per cubic metre, is not achievable.

The World Health Organization is entirely right to push countries to be ever more ambitious, but we have to comply with Section 4 of the Environment Act. To do that, anybody who is in government or aspires to government cannot just stand up and say, “We want to achieve more”, in the full knowledge that it is impossible. We would therefore be breaking the law and I am not prepared to do that. However, I entirely accept that there are real and genuine concerns and I want our Environment Act, which is world-leading, to deliver ever greener and more environmentally friendly measures.

The EU is also mentioned in the regret amendment and the noble Baroness, Lady Hayman, is absolutely right: it seeks to achieve 5 micrograms per cubic metre, but we have to achieve the target that we set. We cannot just pluck one out that sounds good and makes the Government look as if they are listening to every single campaigner who wants a reduction, quite understandably. We want to produce a target that we can achieve, and we can set out clearly how we are going to do it.

To say that Ministers have somehow fiddled with the evidence to be less ambitious, for whatever reason, is absolute nonsense. The suite of targets that we consulted on was the result of significant scientific evidence, collected and developed over preceding years, and included input from evidence partners and independent experts, supported by over 800 pages of published evidence. We have full confidence in the final suite of targets, which represents a robust analysis of that. The noble Baroness, Lady Hayman, said that this was a pessimistic view, but in government you can set a target and seek to achieve it before the date. We think we can get to the low-hanging fruit and show a trajectory much earlier than the date of 2040.