The High Court has rejected a Department for Environment, Food & Rural Affairs' (DEFRA) proposal to delay the publication of their plans to tackle air pollution until after the general election.
Ministers had attended court on Thursday to apply to delay the publication of plans until after the general election, claiming it was necessary to do so in order to comply with pre-election propriety rules.
Mr Justice Garnham ruled that the Secretary of State, Andrea Leadsom, was in breach of a court order to take action on the UK's air pollution crisis in the shortest possible time and that any further delays would constitute a further breach. He stated that it was essential that the Government comply with the original order and that draft plans to cut air pollution are published immediately, ensuring that the final policy is published by 31 July 2017.
He commented: "These steps are necessary in order to safeguard public health. The continued failure of the Government to comply with Directives and Regulations constitutes a significant threat to public health."
Government representative, James Eadie QC claimed in court that the new policy was ready to be published, but doing so would be controversial and publication should therefore be delayed until after the election. He added: "If you publish a draft plan, it drops all the issues of controversy into the election … like dropping a controversial bomb."
However the High Court decided the threat posed to public health due to air pollution constituted exceptional circumstances which meant that usual purdah guidelines in the run up to the general election should be waived, and the draft should be published immediately. Justice Garnham commented: "It does not give ministers a defence to the principles of private and public law … It is not binding on the courts. It provides no immediate right for an extension of time to comply with an order of the court. It is not a trump card".
In the UK, air pollution is linked to the premature deaths of 23,500 people each year. Chief Executive of the British Lung Foundation, Dr Penny Woods, welcomed the High Court's ruling, stating: "The nation’s dirty air is one of the most important public health issues in recent times. The high court’s decision recognises the need to urgently tackle this crisis."
The ruling attracted praise from many of the opposition parties as well as James Thornton, CEO of ClientEarth who had brought the original case against the Government. He said: "The Government has never stopped delaying when it comes to cleaning up our air. I would urge them not to appeal and to get on with it. Enough dithering. The judge was extremely clear."
Mayor of London, Sadiq Khan, welcomed the ruling, he commented: "Ministers were dragged kicking and screaming to face the huge scale of this health crisis but rather than take action, they used the election as a smokescreen to hold back their plan."
Editor's note
The Government have since announced that they will not challenge the High Court ruling, and that their draft plan to tackle air pollution will be published within the next week.
