Parliamentary.ai

Overview

This bill establishes a legal right to clean air in England and Wales, placing a duty on the Secretary of State to achieve and maintain this. It also creates a Citizens' Commission for Clean Air to monitor compliance and enforce the right.

Description

The Clean Air (Human Rights) Bill aims to improve air quality by:

• Establishing a right to clean air: Legally enshrining the right to breathe clean air, treated as a Convention right under the Human Rights Act 1998.
• Setting limits on pollutants: Defining "clean air" through schedules listing pollutants (including indoor and outdoor), their limits, and relevant averaging periods. These limits are subject to annual review and revision by the Environment Agency (EA) and the Committee on Climate Change (CCC), based on the best available scientific evidence and international guidance (WHO, ISO, UNECE, IPCC).
• Strengthening the roles of national authorities: Expanding the duties of the EA, CCC, local authorities (including port authorities), CAA, Highways England, Historic England, and Natural England to address air pollution, aligning their work with the bill's objectives.
• Creating the Citizens' Commission for Clean Air (CCCA): Establishing an independent body with powers to monitor compliance, initiate legal proceedings, and advise the Secretary of State.
• Requiring regular assessment and reporting: Mandating regular assessments of air quality, public reporting of pollution levels and exceedances, and annual reports to Parliament on the Secretary of State's performance.
• Applying environmental principles: Requiring the Secretary of State and national authorities to apply environmental principles like prevention, precaution, and polluter pays in their actions.

Government Spending

The bill requires the Secretary of State to provide sufficient funding to the relevant national authorities and the CCCA to fulfill their duties. Specific figures are not provided in the bill itself.

Groups Affected

• The Public: Gains a legal right to clean air and increased access to information about air quality. May experience improvements in health and well-being.
• Secretary of State and Government Departments: Takes on a legal duty to achieve and maintain clean air, requiring policy changes and potentially significant financial investment.
• Environment Agency (EA), Committee on Climate Change (CCC), and other national authorities: Assume expanded responsibilities related to air pollution monitoring, assessment, and enforcement.
• Local Authorities: Take on a new duty to achieve and maintain clean air within their areas, requiring additional resources and potentially impacting local policies (e.g., planning, traffic).
• Businesses and industry: May face new regulations and reporting requirements regarding emissions, potentially incurring additional costs.
• Citizens’ Commission for Clean Air (CCCA): A newly established body, responsible for monitoring and enforcing clean air regulations.