Clean Air (Human Rights)

“We are confident that the measures we are putting in place are not only legally binding but world leading in tackling air quality.”

He went on to say that the Environment Act 2021 provided

“the capability, accountability and ambition”

needed

“to make all the effective interventions to drive down air pollution.”—[Official Report, 1 February 2023; Vol. 727, c. 338.]

The reality is, however, that the Environment Act did very little to help deliver clean air, and it is certainly not “world leading”. The environmental target that did get made under it—to reduce levels of PM_2.5 to 10 micrograms per cubic metre—falls short of the new World Health Organisation guideline of 5 micrograms per cubic metre, and could certainly be achieved far earlier than the Government’s target date of 2040. Indeed, when Professor Frank Kelly of Imperial College London, an adviser to the World Health Organisation on health and pollution, recently gave evidence to the Environmental Audit Committee, he stated very clearly:

“Our studies showed that 99.8% of the UK could achieve a figure of 10 micrograms per metre cubed by 2030 and the 0.2% that could not were certain hotspots in London, which again if you took extra measures on you could probably eliminate those as well.”

Professor Sir Stephen Holgate from the University of Southampton, a special adviser on air quality to the Royal College of Physicians, subsequently wrote to the Committee to confirm that such a change would result in about 20 fewer infant deaths each year—20 fewer lives lost, and 20 families saved from unimaginable heartache.

Given that the Mayor of London has already committed himself to delivering on this more ambitious target, and given such significant benefits, it is incumbent on Ministers to explain why the current legal limit remains so unambitious. They must also set out, as a matter of urgency, how they will meet the new WHO guidelines, which have halved the limit for PM_2.5 to 5 micrograms per cubic metre in response to the marked increase in evidence showing how air pollution affects different aspects of our health. In the words of the chief medical officer, Professor Chris Whitty,

“We can and should go further—and it is technically possible to do so.”

The Clean Air (Human Rights) Bill, or Ella’s law, would set out an entirely new approach to delivering clean air in England. It would enshrine the human right to clean air precisely and explicitly in English law, thereby transforming decision making by public authorities by requiring them to consider clean air alongside other rights under the Human Rights Act. It would be a step towards incorporating the 2022 resolution adopted by the UN General Assembly, which recognises the human right to a clean, healthy and sustainable environment. It follows a “one air” approach that encompasses the health and environmental impacts of air pollution and greenhouse gases, and it would set standards based on advice from the Climate Change Committee and on the WHO’s new air quality guidelines and require the Secretary of State to achieve clean air within five years, with the possibility of postponement for up to a further five years per pollutant, subject to strict conditions. The Environment Agency and the Climate Change Committee would be required to review the pollutants and the limits annually and advise the Secretary of State if they needed tightening.

The Bill also covers air pollution, both outdoors and indoors, in public spaces, and where health and safety standards apply. The tragic death of two-year-old Awaab Ishak, brought on by “extensive” mould in his family’s flat, shone a spotlight on the significance of indoor air pollution. While I welcome the prompt action taken by the Secretary of State for Levelling Up in bringing forward Awaab’s law—a law that should now, frankly, also be applied to the private rented sector through the Renters (Reform) Bill—it is clear that legislation to address indoor air pollution must extend beyond the home too, especially since on average we spend around 80% of our lives indoors, whether for work, study or leisure. Finally, in order to ensure independent scrutiny and continuous improvement, the Bill would establish a citizens commission for clean air, which would review annually the Secretary of State’s compliance with the provisions of the Bill and advise the Secretary of State where improvement was needed.

This Bill has already undergone significant scrutiny in the other place, after my noble Friend and Green party peer, Baroness Jones of Moulsecoomb, topped the private Member’s Bill ballot in the previous parliamentary Session. It has already been extensively debated, amended and improved and it received cross-party support, including from Lord Randall of Uxbridge, a former environment adviser to the right hon. Member for Maidenhead (Mrs May) when she was Prime Minister. He said:

“We have waited too long for proper clean air legislation…I urge the Minister to take this back and say that it is a golden opportunity to do something really wonderful. The Government could take pride in being part of a world-beating Bill”.—[Official Report, House of Lords, 18 November 2022; Vol. 825, c. 1133.]

He was absolutely right. By taking up Ella’s law, the Government have a real opportunity to genuinely lead the world in tackling this pressing public health emergency, and I urge them to take it.

That Caroline Lucas, Mr Barry Sheerman, Layla Moran, Ian Byrne, Dan Carden and Munira Wilson present the Bill.

Caroline Lucas accordingly presented the Bill.

Bill read the First time; to be read a Second time on Friday 14 June, and to be printed (Bill 145).