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Clean Air (Human Rights) Bill [HL]

Current Stage: 2nd reading

Last updated: 05/05/2021

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Overview

This bill establishes a legal right to clean air in England and Wales, setting strict limits on pollutants and empowering various bodies to monitor and enforce these standards. It creates a new Citizens’ Commission for Clean Air to oversee compliance and take legal action.

Description

The bill designates clean air as a legal right, requiring the Secretary of State to achieve and maintain this within 12 months. Four schedules detail specific pollutants and their acceptable limits for local, atmospheric, indoor, and climate change-related pollution. The Environment Agency (EA) and the Committee on Climate Change (CCC) will annually review and revise these limits, considering WHO and other international guidance, applying the precautionary principle, and consulting the public.

The Secretary of State must regularly assess and report on air quality, providing public information. The bill assigns duties to various national authorities (Environment Agency, Committee on Climate Change, local authorities, Civil Aviation Authority, Highways England, Historic England, and Natural England) to contribute to clean air. A new Citizens’ Commission for Clean Air (CCCA) is created with powers to monitor, enforce, and take legal action concerning clean air.

The CCCA will review compliance, advise the Secretary of State, and assist individuals in legal proceedings. The bill incorporates environmental principles (prevention, precaution, polluter pays, etc.) into the duties of the Secretary of State and national authorities.

Government Spending

The bill mandates the Secretary of State to provide sufficient funding to relevant national authorities and the CCCA to fulfil their duties. Specific funding figures are not provided in the bill text. Funding for local authorities to carry out their clean air responsibilities will also be provided by central government.

Groups Affected

  • Secretary of State: Responsible for achieving and maintaining clean air, providing funding, and overseeing the implementation of the bill.
  • Environment Agency (EA): Responsible for reviewing and advising on pollutants and limits in Schedules 1-3.
  • Committee on Climate Change (CCC): Responsible for reviewing and advising on pollutants and limits in Schedule 4.
  • Local Authorities: Duty to achieve and maintain clean air in their areas, and to utilize their powers under various acts to reduce pollution and improve environmental wellbeing.
  • Civil Aviation Authority (CAA), Highways England, Historic England, Natural England: All have duties to contribute to the maintenance of clean air within their respective remits.
  • Citizens’ Commission for Clean Air (CCCA): Newly established body with powers to monitor, enforce, and take legal action.
  • Businesses and individuals: Potentially affected by stricter regulations and compliance requirements. The bill may require pollution assessments and reporting from various sources.
  • Public: Will benefit from improved air quality and a strengthened right to clean air; however they may also face additional compliance burdens depending on the specifics of the regulations that are passed.
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