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by Munro Research

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 the 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 breathe clean air in England and Wales, placing a duty on the Secretary of State to achieve and maintain clean air within 12 months. It creates a new Citizens' Commission for Clean Air with powers to monitor, enforce, and take legal action to ensure clean air standards are met, and strengthens the roles of various national authorities in air pollution control.

Description

The bill designates specific pollutants and sets limits for their concentrations in various environments (ambient air, indoor air, and those causing environmental or climate harm). These limits are to be reviewed annually by the Environment Agency (EA) and the Committee on Climate Change (CCC), taking into account World Health Organization (WHO) and other international guidelines, with the Secretary of State empowered to amend schedules accordingly. The EA must carry out public consultations in accordance with the Aarhus Convention. The Secretary of State must also ensure accurate and regular assessment of air pollution, with detailed public information provided. A Citizens' Commission for Clean Air (CCCA) will be established to monitor compliance, issue compliance notices, and potentially initiate legal action. The bill also amends various existing Acts to incorporate clean air responsibilities for local authorities, the Civil Aviation Authority, Highways England, Historic England, and Natural England. Environmental principles (prevention, precaution, polluter pays, etc.) must be applied in the implementation of the act.

Government Spending

The bill requires the Secretary of State to provide sufficient funding to relevant national authorities and the CCCA to fulfil their duties. Specific figures are not included in the bill text itself, but it will likely lead to increased government expenditure on monitoring, enforcement, and support for clean air initiatives.

Groups Affected

  • Secretary of State: Takes on a significant new duty to achieve and maintain clean air, requiring increased oversight and potentially substantial funding.
  • Environment Agency (EA): Takes on increased responsibilities for reviewing pollutants and limits, requiring additional resources and expertise.
  • Committee on Climate Change (CCC): Takes on an expanded role in reviewing climate change-related pollutants.
  • Local Authorities: Assume a duty to achieve and maintain clean air in their areas, requiring resources and potentially changes in policy.
  • Civil Aviation Authority (CAA), Highways England, Historic England, Natural England: Assume new or enhanced responsibilities relating to air quality.
  • Citizens' Commission for Clean Air (CCCA): New body with enforcement and legal powers, requiring funding and staffing.
  • Businesses and Industries: May face stricter regulations on emissions and reporting, potentially leading to increased costs.
  • Public: Benefits from improved air quality and increased transparency in pollution monitoring.
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