6. What assessment has the Counsel General made of the impact that European legislation regarding air pollution will have on Wales? OAQ(5)0039(CG)[W]

Members will again know that my advice is legally privileged and subject to the law officers’ convention, but I do fully support the Welsh Government commitment to improving air quality across Wales and its various initiatives to tackle air pollution.

I thank the Counsel General for his reply. We did, of course, have a debate about this yesterday on the Public Health (Wales) Bill, and the Minister confirmed during that debate that the current powers that Welsh Ministers have are under section 80 of the Environment Act 1995. I think there are two problems with this. One is that that was initially passed, of course, before devolution, and therefore, the powers that Welsh Ministers have are administrative devolution powers, rather than a devolution of legislation that’s taken place. And secondly, as far as I can see, that Environment Act, though it places an obligation on Ministers to produce strategies around air pollution, has no obligation to reduce air pollution, in other words to improve the situation. So, you can respond to the legislation without doing anything about it. And, obviously, that’s 20 years ago, and that’s why I’m so keen that we should relook at this. And in particular, with the knowledge that we have that, with withdrawing from the European Union, we will lose that wider framework of European environmental legislation, does the Counsel General not think that in his ongoing work of the codification of Welsh legislation air pollution is one such area where we need and deserve specific Welsh legislation?

Well, as the Member will be aware, the process of codification, if I might deal with the last point, is not, of course, about reforming the law, it’s about codifying the existing law, and the issue that any reforms or changes need to be made are a totally separate matter and, of course, would require a totally different level of consideration, consultation and scrutiny.

In terms of the policy matter that the Member raises, well, of course, that is a matter for another Minister and it’s not appropriate for me to cross into that particular territory. What I can say, by way, I suppose, of repeating some of the points that have been already made by Ministers in this area, is that the Welsh Government is firmly committed to improving air quality across Wales, and is tackling air pollution in a number of ways, and, of course, these were outlined yesterday in the debate and are there in the transcript. And of course, Welsh Government is currently working on improvements to ‘Planning Policy Wales’ in relation to air quality and there is a consultation under way. The Member might be referring, of course, to the nitrogen dioxide issues, which is clearly an area of concern, and as of last week, the Welsh Government is consulting jointly with other UK administrations seeking views on a revised plan to reduce levels of nitrogen dioxide around roads within the shortest time possible. I think any other areas, really, are policy matters, which should be referred to the appropriate Minister.

I thank the Counsel General.