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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 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 to monitor and enforce compliance, and strengthens the roles of various national authorities in air quality management.

Description

The Bill designates clean air as air free from pollutants exceeding specified limits (which may be zero) defined in four schedules: local and atmospheric pollution, indoor air pollutants, pollutants causing primarily environmental harm, and pollutants causing climate change. The Environment Agency will annually review the first three schedules' pollutants and limits, advising the Secretary of State on necessary amendments based on scientific evidence and public consultation, applying the precautionary principle. The Committee on Climate Change will perform a similar function for the fourth schedule. The Secretary of State will be required to regularly assess and report on air pollution in England and Wales. A new Citizens’ Commission for Clean Air will be established, with powers to initiate or join legal action to ensure compliance. Various national authorities (Environment Agency, Committee on Climate Change, local authorities, Civil Aviation Authority, Highways England, Historic England, and Natural England) will have enhanced roles and responsibilities in air quality management.

Government Spending

The Bill requires the Secretary of State to provide funding to the relevant national authorities and the Citizens’ Commission for Clean Air to fulfill their duties. No specific figures are provided in the Bill text.

Groups Affected

  • Secretary of State: Takes on a significant new responsibility for achieving and maintaining clean air, including funding requirements and reporting obligations.
  • Environment Agency: Increased role in monitoring, reviewing and advising on air pollution limits.
  • Committee on Climate Change: Increased responsibility for advising on climate change related air pollutants and limits.
  • Local Authorities: Duty to achieve and maintain clean air within their areas, requiring implementation of various measures and receiving funding from central government.
  • Civil Aviation Authority, Highways England, Historic England, Natural England: Enhanced responsibilities to contribute to clean air maintenance.
  • Citizens’ Commission for Clean Air: Newly established body with powers to monitor, enforce, and take legal action regarding clean air.
  • Businesses and Individuals: Potentially subject to new regulations concerning pollution emissions and reporting requirements. Individuals have a newly enshrined right to clean air.
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