Air Quality: London

Baroness Jones of Whitchurch Excerpts

Monday 3rd July 2017 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

My Lords, I am grateful to the noble Lord, Lord Borwick, for instigating this debate today and for once again giving us the opportunity to take stock of the action we still need to take on this critical threat to public health in London and the UK. I agree with a great deal of what he said, and in particular with his analysis that we should base our policy on the best scientific evidence available. However, that should not be an excuse for inaction. I think his message was that we should have both—and I agree with that. I am also grateful to all noble Lords who have contributed to the debate. As ever, we have had a debate of considerable knowledge and authority.

I disagree with the several noble Lords who think that the problem is cyclists, buses and even pedestrians getting too close to the kerb rather than private car owners. The solution in city centres is a rebalancing of all of that. It is not just about tackling air quality but is a bigger issue of quality of life. As long as we have private cars driving into and clogging up city centres, they will not be pleasant places to live and work. That is a real challenge for us. We have to rebalance that in everyone’s interests.

I declare an interest. I am a member of the development board of ClientEarth, the environmental legal charity that has been pursuing the Government through the courts on this issue. I am proud of the work that it does, both in the UK and globally, in holding Governments to account for delivering their environmental obligations under existing laws. I say to the noble Lord, Lord Blencathra, that I do not think any environmental charity has to apologise for the laudable objective of trying to save the planet.

As noble Lords will know, ClientEarth has been able to demonstrate to a number of courts, including the Supreme Court, that since 2010 the UK has had illegal levels of nitrogen dioxide in the air. Over this period, the Government have done little to tackle the problem. The courts, quite rightly, ruled that as the Government are already in breach of the legislation, they have a duty to get the levels of nitrogen dioxide down below the legal limits in the shortest possible time. To do that clearly requires urgent action on a scale deliverable in that shortest possible time and technically evidenced to show that the return to legal limits is indeed a likely outcome.

Noble Lords would have thought, given the public health implications, which are well known, that the Government would have shared this sense of urgency and acted appropriately. Instead, as we know, various draft air quality plans have been produced that, it is obvious to most observers and to the courts, only partly address the problem. They lack sufficient urgency and are based on unsubstantiated assumptions. I argue that the latest draft again fails to meet the very reasonable tests that have been set. I agree with the noble Baroness, Lady Jones, and other noble Lords in asking why the Government are still dragging their feet on this.

The latest draft air quality plan—which, incidentally, the courts had to insist was published—sets out proposals for clean air zones in the most highly polluting towns and cities in England. It is at best a partial response. For example, it does not address similar issues in the devolved nations. In addition, the Government’s own technical support, which accompanied the draft plan, makes it clear that charging vehicles entering clean air zones is the most effective way of reducing pollution. But the Government are failing to heed their own technical advice. Instead, their draft plan says that charging should be introduced only as a last resort. Equally, the draft fails to offer increases to vehicle tax for polluting vehicles, or a targeted diesel scrappage scheme. The Government’s lack of leadership on this and the Prime Minister’s continued reluctance to act on diesel cars means that thousands of lives will continue to be put at risk.

Why is this so important? A number of noble Lords have drawn attention to the growing evidence of poor health and premature deaths linked to polluted air. I welcome my noble friend Lady Blackstone to her role at the British Lung Foundation, which has done a considerable amount of work over many years to raise awareness of the health dangers. There have been various statistics quoted about the health dangers. King’s College London estimates that there are 9,416 deaths a year in London alone and we know that children’s health is particularly vulnerable to damage from exposure to traffic fumes. Evidence shows that such exposure reduces lung growth, produces long-term ill health and can cause premature death in young people. Yet at least 3,000 schools are sited within 150 metres of a road emitting illegal levels of nitrogen dioxide. The issue is stark and clear.

Meanwhile, British Heart Foundation research has shown that even short-term inhalation of air pollution can significantly increase the chance of a heart attack among those living with cardiovascular disease. As we also heard, the latest research from scientists at Lancaster University has shown that tiny particles of air pollution can even find their way into brain tissue, with all the additional health threats that that entails. All of that reinforces the growing public health concerns about the damage that nitrogen dioxide and particulates can inflict, and makes a mockery of the comments of the GLA’s Conservative adviser Adam Wildman, who wrote of a,

“pollution panic … not borne out by the evidence”.

What needs to be done to bring vehicle emissions to safe levels? I pay absolute credit to London Mayor Sadiq Khan, who, unlike the Government, has shown real leadership and is taking tough decisions to clean up the air in London. As we have heard, he has set out plans to make the congestion charge zone a zero-emission zone as soon as possible. He has also set out plans to make London a world leader in clean and sustainable urban transport—both public and private vehicles. More immediately, he is introducing an additional charge for the most polluting diesel vehicles. Incidentally, a recent YouGov poll for ClientEarth showed that more than two-thirds of Londoners believe that owners of higher-polluting vehicles should pay more to travel through London.

The mayor has also raised public awareness of the health risks through mass public information and a new air pollution alert system. All these factors are to be celebrated. Some individual local authorities are also taking matters seriously. Lambeth already has advanced clean-air plans and a range of concrete measures to cut down on car use in its locality. Westminster has introduced £80 fines for drivers caught with idling engines, and there were calls for no-idling zones to be made compulsory outside schools, hospitals and care homes. However, lest we become complacent about this, and as the Library Note helpfully states, many other local authorities are failing even to capture the existing pollution data that they are required to measure under law, let alone taking action to clean up their air pollution levels.

That brings us back to the need for national leadership and a robust plan of action—a point emphasised by many noble Lords. It is clear that the Government need once again to revise their draft air quality plan so that it properly delivers a return to lawful nitrogen dioxide levels across the UK in the shortest possible time. That plan should also include, first, a recognition that local authorities will need help—they cannot do it on their own, as the Government would have them do; there is no point in devolving responsibility to them without help. I agree with my noble friends Lord Hunt and Lord Berkeley that an overall reduction in the number of road vehicles has to be part of that solution, particularly in those clean-air zones.

Secondly, while clean-air zones are necessary, they cannot be limited to a select number of towns and cities. There is a danger that such an approach will simply shift the problem elsewhere. As we heard, car fumes do not stay in one area; they move with the wind from one part of the country to another. Thirdly, we need to ensure that motor manufacturers are forced to give accurate test results for emission levels which can be properly verified in everyday road settings. The fact that VW and other manufacturers tricked the Government in the past has still not properly been addressed. What action are the Government taking to tackle that previous subterfuge and introduce proper penalties for any future transgressions by those manufacturers?

Fourthly, we need a scrappage scheme for the most polluting diesel vehicles, increased charges on diesel fuel and greater incentives for car purchasers to opt for low-emission vehicles. Finally and crucially, we need a new clean air Act which could consolidate the complex and disparate body of domestic, EU and international law into one coherent and effective piece of legislation. This would ensure that air quality targets are in force when we leave the EU and give the public confidence that their health concerns are at last being addressed. I look forward to the Minister’s response.