Seventh Report Contents

Appendix 1: Clean Air (Human Rights) Bill [HL]: Sponsor Response

Letter from Baroness Jones of Moulsecoomb, Sponsor of the Clean Air (Human Rights) Bill [HL], to the Rt Hon. the Lord McLoughlin CH, Chair of the Delegated Powers and Regulatory Reform Committee

I would like to thank the Committee for taking the time to make their very helpful comments and suggestions on the Bill. I am keen to work with the Committee and anyone else to make this the best Bill that it can possibly be, with the intention that it should go on to pass all of its Commons stages and become law. In light of that, I wanted to offer the below suggestions to address the Committee’s points and would appreciate your feedback.

Modified duty on the Secretary of State

Amend clauses 2(5), 2(6), 2(11) and 3(10) such that advice from the Environment Agency (“EA”), the Committee on Climate Change (“CCC”) and the Citizen’s Commission for Clean Air (“CCCA”), and guidance and good practice statements from the World Health Organization (“WHO”), the International Organization for Standardization (“ISO”) and the United Nations Economic Commission for Europe (“UNECE”) must be taken into account by the Secretary of State.

After taking the advice, guidance or good practice into account, the Secretary of State must proceed to lay a draft statutory instrument before Parliament in accordance with the affirmative procedure. If the order made is different from the advice of the EA, the CCC, the CCCA, or the guidance or good practice statements of the WHO, ISO and UNECE, the Secretary of State must publish a statement setting out the reasons for that decision.

Amend clause 2(7) such that the Secretary of State must take into account any additional pollutants and lower limit values and, if they are not listed or lowered in accordance with advice or guidance, the Secretary of State must publish a statement setting out the reasons for that decision.

Delete clauses 2(14) and 3(12) relating as they do to the negative procedure.

Power to add pollutants on the advice of the CCC

Amend clause 2(11) to allow the Secretary of State to follow the advice of the CCC to add pollutants to Schedule 4, in addition to lowering pollutant limits.

Power to add pollutants or lower limit levels

Add a power to clause 2 for the Secretary of State to amend schedules 1 to 4 without advice in order to follow or implement guidance of the WHO or the Intergovernmental Panel on Climate Change (“IPCC”). Any such amendments must be made by laying a draft statutory instrument before Parliament in accordance with the affirmative procedure.

Replacement of ISO with WHO

Delete references to the ISO from clauses 2(2)(c) and 2(6).

Amend clause 3(3)(b) and (c) to replace references to the ISO with the WHO.

4 July 2022





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