Delay to Air Quality Plan condemned

25th Apr 2017

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Government could face further legal challenges over its failure to tackle pollution after seeking to delay the publication of a revised Air Quality Plan, which was due this week.
 
A High Court judgement at the end of last year gave the Department for Environment, Food & Rural Affairs (DEFRA) until 4pm on Monday to publish a draft version of the plan for consultation. This came after the court deemed previous proposals designed to reduce illegal levels of nitrogen dioxide pollution ‘as soon as possible’ to be unfit for purpose.
 
But on Friday DEFRA applied for a deadline extension from the High Court in order to comply with ‘purdah’ rules on Government announcements during the run up to the General Election.
 
Depending on the outcome the draft plan could now be published following the election in June with the final version expected in September.
 
The original High Court case was brought by environmental law firm Client Earth. Commenting on the latest setback the firm’s chief executive James Thornton said: “This is a question of public health and not of politics and for that reason we believe that the plans should be put in place without delay.
 
“Whichever party ends up in power after 8 June will need this Air Quality Plan to begin finally to tackle our illegal levels of pollution and prevent further illness and early deaths from poisonous toxins in the air we breathe. The Government has had five months to draft this plan and it should be published.”
 
He added: “We are still examining our next steps.”
 
Shadow Secretary of State for Environment, Food & Rural Affairs Sue Hayman of Labour commented: “With nearly 40 million people in the UK living in areas with illegal levels of air pollution, it is simply not acceptable for Ministers to hide behind the General Election to delay publishing plans to improve air quality.”
 
“Purdah rules exist to stop one party using the machinery of Government for their electoral advantage, not to be used as an excuse to delay acting on vital public health matters. We trust that the court will recognise this.”
 
Addressing the issue with a statement in Parliament, the Secretary of State for Environment, Food & Rural Affairs Andrea Leadsom said: “Following long standing precedent, we have entered the period of sensitivity that precedes elections.
 
“The Government has therefore applied to the High Court for a short extension of the deadline for publishing the national Air Quality Plan for nitrogen dioxide, in order to comply with pre-election propriety rules.
 
“The Government seeks to publish a draft plan by 30 June and a final plan by 15 September. The application will be considered by the Court.”
 
(Photo: Alastair Lloyd)
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