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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 the UK Health Security Agency in setting and reviewing pollutants and their limits; to enhance the powers, duties and functions of various agencies and authorities 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, setting ambitious targets for air quality improvement within five years. It creates a new Citizens' Commission for Clean Air to monitor compliance, advise the government, and take legal action if necessary. The bill also strengthens the responsibilities of various national authorities regarding air pollution.

Description

Key Provisions:
  • Right to Clean Air: Establishes a legal right to clean air, incorporating it into the Human Rights Act 1998.
  • Targets and Deadlines: Sets stringent targets for reducing pollutants like nitrogen dioxide and particulate matter by 2024 and 2030, with a 5-year postponement possibility under specific conditions.
  • Citizens' Commission for Clean Air (CCCA): Creates an independent body to monitor air quality, advise the government, and pursue legal action against non-compliance.
  • National Authorities' Responsibilities: Enhances the roles of various agencies (Environment Agency, Committee on Climate Change, local authorities, etc.) in improving air quality.
  • Pollutant Schedules: Defines specific pollutants and their limits in four schedules (local/atmospheric, indoor, environmentally harmful, and climate-changing).
  • Environmental Principles: Requires the application of key environmental principles (prevention, precaution, polluter pays, etc.) in all related actions.

Government Spending

The bill mandates the Secretary of State to provide sufficient funding to relevant national authorities and the CCCA to fulfill their duties. No specific figures are provided in the bill text.

Groups Affected

  • Public: Benefits from improved air quality and the legal right to clean air. May experience disruptions during pollution control measures.
  • Government (Secretary of State): Takes on increased responsibilities for monitoring, enforcement, and funding.
  • National Authorities (Environment Agency, Committee on Climate Change, Local Authorities, etc.): Have expanded duties and responsibilities for air quality management.
  • Businesses and Industries: May face new regulations and costs to reduce emissions.
  • Citizens' Commission for Clean Air (CCCA): New body with significant powers to monitor, advise, and take legal action.
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