Air pollution crisis ‘plagues’ UK, finds UN human rights expert

Air pollution is a crisis that “plagues” the UK, particularly children, according to the UN’s special rapporteur on hazardous substances and wastes.

Baskut Tuncak, who was appointed by the UN human rights council and completed a 15-day mission to the UK on Tuesday, said there was an “urgent need for political will by the UK government to make timely, measurable and meaningful interventions”.

Most air quality zones in the UK breach legal limits and the government has twice had its plans to tackle the issue declared illegal by the courts. It is now developing a new plan but Tuncak’s strong criticism is a further embarrassment for ministers.

“The UK has repeatedly not been among the more progressive EU member states on debates over the development of stronger health and environmental protections,” he said.

Tuncak also said Brexit was a threat to environmental protection given that most current regulations come from the EU. “I found no indication of a political commitment to retaining current standards for health and environmental protection,” he said.

The government says it will transpose all EU laws into UK law via a “great repeal act”, but the environment secretary Andrea Leadsom has said that about a third of the 800 pieces of EU environmental legislation would be difficult to transfer. A cross-party committee of MPs said earlier in January that the government must pass a new Environmental Protection Act before it begins the formal process of leaving the EU.

Tuncak also found that less than 1% of workers made sick by exposure to toxic chemicals receive compensation in the UK. “For victims of toxic pollution, seeking remedy in the UK is very difficult,” he said. “Cuts in legal aid have made it near impossible for victims of pollution and contamination to seek remedy for civil suits.”

Tuncak’s fact-finding mission to the UK was at the invitation of the government and assessed the measures taken by the government to protect the human rights of people that can be infringed by pollution, such as the rights to life, health and safe housing.

The visit coincided with a severe air pollution episode in London and he said between 30,000 and 40,000 early deaths every year are caused by toxic air across the country.

“Air pollution plagues the UK,” Tuncak said. “Children, women of reproductive age, the elderly, and those of poor health are the most threatened by toxic air, with poorer communities often exposed at higher levels. Paediatricians refer to the present state of the impacts of pollution and contamination on children’s health as a ‘silent pandemic’. I encourage the UK government to fulfil its human rights obligations on air pollution.”

Regarding the changes that will result from the UK leaving the EU, he said the UK has an obligation to progress, not to slide backwards: “The forthcoming plan for Brexit should ensure that it does not open a Pandora’s box, freeing the way for deregulation and posing a threat of regression from existing standards of protection.”

Tuncak said the UK’s “pivot” away from the EU towards closer cooperation with the US, pursued by prime minister Theresa May in Washington DC last week, risked a weakening of protection. “Rights that are often impacted by pollution and contamination are not recognised by the US while they are by the UK,” he said.

During Tuncak’s mission, he met representatives of the national government. But regarding assurances that Brexit would not weaken protections, he said: “I was pointed to statements that I could not find and political commitments that were not clearly expressed.”

A government spokesman said: “We have been very clear we are committed to safeguarding and improving the UK’s long history of environmental protection, and securing the best deal for Britain as we leave the EU. Furthermore, we will remain subject to international environmental protection conventions, such as Ramsar, Gothenburg and Bern, independent of EU membership.”

A Friends of the Earth air pollution campaigner Oliver Hayes said: “Mr Tuncak is correct – UK air pollution is a national disgrace, and ministers must do far more to protect the health of our children and other vulnerable people. It’s essential that current EU legal protections are safeguarded in UK law post-Brexit – and crucial that these air-quality rules are far more rigorously enforced.”

Tuncak also reported a series of other findings:

• Communities concerned about fracking, sewage disposal and industrial expansion had “severe difficulty” accessing information directly relevant to health and safety.
  
• Budget cuts for local authorities had made it “problematic” for them to carry out their responsibilities in managing waste.
  
• The UK had inadequate laws to limit the toxic impacts of UK-based companies when operating overseas.
  

A full report of Tuncak’s mission will be submitted to the human rights council in September.