Clean Air (Human Rights) Bill [HL]
Official Summary
A Bill to establish the right to breathe clean air; to require the Secretary of State to achieve and maintain clean air in England and Wales; to involve Public Health England in setting and reviewing pollutants and their limits; to enhance the powers, duties and functions of the Environment Agency, the Committee on Climate Change, local authorities (including port authorities), the Civil Aviation Authority, Highways England, Historic England and Natural England in relation to air pollution; to establish a Citizens’ Commission for Clean Air with powers to institute or intervene in legal proceedings; to require the Secretary of State and the relevant national authorities to apply environmental principles in carrying out their duties under this Act and the clean air enactments; and for connected purposes
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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 clean air. It creates a Citizens' Commission for Clean Air with powers to monitor, enforce, and take legal action regarding air quality, and strengthens the roles of various national authorities in improving air pollution.
Description
The bill designates clean air as air free from pollutants exceeding specified limits (which may be zero) outlined in four schedules covering local, atmospheric, indoor, and climate-change-related pollutants. The Environment Agency (EA) will annually review pollutants and limits in Schedules 1-3, advising the Secretary of State on necessary amendments based on scientific knowledge and public consultation. The Committee on Climate Change (CCC) will perform a similar review for Schedule 4.
The Secretary of State is tasked with regular air pollution assessment and public information dissemination. Regulations will mandate reporting requirements for various entities, including building owners and developers regarding indoor air quality, and UK organizations regarding greenhouse gases. The Secretary of State can take immediate action against significant pollution threats. The bill also amends several existing Acts to incorporate air quality responsibilities for relevant national authorities (Environment Agency, Committee on Climate Change, local authorities, Civil Aviation Authority, Highways England, Historic England, and Natural England).
A Citizens' Commission for Clean Air (CCCA) will be established to monitor compliance, take legal action if needed, and advise the Secretary of State. The CCCA is granted powers to assess compliance and issue notices requiring action. The bill outlines the CCCA's composition and operational procedures.
Government Spending
The bill mandates the Secretary of State to provide funding to the relevant national authorities and the CCCA to fulfil their responsibilities. Specific financial figures are not included in the bill.
Groups Affected
- Secretary of State: Takes on new responsibilities for achieving and maintaining clean air, including funding and oversight.
- Environment Agency (EA): Increased role in reviewing pollutants and limits, advising the Secretary of State.
- Committee on Climate Change (CCC): New responsibility for advising on climate-related pollutants and limits.
- Local Authorities: New duty to achieve and maintain clean air in their areas, requiring resources and action.
- Civil Aviation Authority (CAA), Highways England, Historic England, Natural England: Incorporated duties relating to clean air.
- Building Owners and Developers: Required to assess and report indoor air pollutant concentrations in specified buildings.
- UK Organizations: Required to report greenhouse gas pollutants.
- Citizens: Gain a legal right to breathe clean air and opportunities for public participation in decision-making processes.
- Citizens' Commission for Clean Air (CCCA): New body with significant power to monitor, enforce, and take legal action.
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