Official Report: Minutes of Evidence

The Chairperson (Mr Butler): I welcome to the Committee Ms Amy Holmes, head of air and environmental quality branch; Ms Caroline Barry, head of chemical and industrial pollution policy branch; and Ms Kate Fitzsimmons, policy adviser in air and environmental quality branch. If you are ready to give us the briefing, you can go ahead.

Ms Amy Holmes (Department of Agriculture, Environment and Rural Affairs): Thank you very much for the opportunity to brief you this morning on the UK-wide provisional common framework on air quality. I will refer to it as the "air quality common framework". The purpose of our meeting this morning is to assist you in scrutinising the common framework.

My name is Amy Holmes, and I am head of air and environmental quality branch. I am joined by Kate Fitzsimmons from our team, who is an environmental policy adviser and has been leading on the framework. Also with me this morning is Caroline Barry, who is head of the industrial and chemical pollution policy team.

This is one of 15 DAERA common frameworks, and it was published for scrutiny in February 2022. Scrutiny is part of the UK common frameworks five-phase development programme. It was laid in Parliament in February 2022 and published as a Command Paper. The framework is essentially a non-legislative mechanism that outlines how the UK Government and the devolved Administrations (DAs) will work together on air quality policy following the UK's exit from the EU. The scope of the framework is UK-wide. The framework is intended to promote multilateral policy development, and it sets out proposed high-level commitments for the UK Government and the devolved Administrations as regards collateral partnership and policymaking. Essentially, it is a tool for policy development. The framework has two sections. The first is the provisional framework outline agreement, and the second is the concordat. I understand that the documentation is included in your briefing pack. The legislation included in the framework aims to reduce harmful emissions and concentrations of air pollutants in ambient air that can damage human health and the environment.

I will turn to the framework itself. The legislation that is covered includes assimilated EU law, which was previously referred to as "retained EU law" (REUL), alongside devolved policies and policies that are reserved to Westminster. The assimilated EU law that falls within the framework is the ambient air quality directive and the fourth daughter directive; the national emission ceilings directive; parts of the industrial emissions directive; the medium combustion plants directive; the regulation on the establishment of an EU pollutant release and transfer register; the directive on the sulphur content of certain liquid fuels; the control of volatile organic compounds directive; and the directive on petrol vapour recovery during refuelling of motor vehicles at service stations. Other legislation covered by the framework relates to international commitments, and those are commitments that stem from the Convention on Long-range Transboundary Air Pollution; the protocol on the pollutant release and transfer registers; the United Nations Kiev protocol; and the Aarhus convention, which relates to public participation in decision-making.

The Northern Ireland Executive previously consented to UK-wide statutory instruments (SIs) being made under the European Union (Withdrawal) Act 2018 in preparation for a no-deal exit. That was done in 2019. Those SIs were approved by both Houses of the UK Parliament, but the commencement date was deferred by the European Union (Withdrawal Agreement) Act 2020 until the end of the transition period. Due to the absence of an Executive at the time of laying, the SIs were noted without prejudice to the views of returning NI Executive Ministers. This legislation sets out the relevant statutory powers of the Governments in the UK, and the SIs have been amended to take account of the withdrawal agreement. The Ireland/Northern Ireland protocol is referenced in the air quality framework, as that was the protocol in place when the framework was published for scrutiny in 2022. However, that has now been superseded by the Windsor framework, so the framework will be revised to reflect the requirements of the Windsor framework, and the standard text for that has now been agreed. Due to annex 4 of the Windsor framework, Northern Ireland remains aligned with the EU industrial emissions directive post-Brexit in respect of installations that produce electricity that feed into the single energy market on the island of Ireland.

The second part of the framework document is made up of the concordat, and that provides a non-legislative mechanism that sets out the scope of the framework and the principles for engagement. That includes establishing decision-making and a dispute-resolution process, and that is primarily to manage the issue of any potential divergence. The concordat also establishes a review-and-amendment mechanism for future updates to the framework, and it is envisaged that any updates or reviews will be initiated by the Department for Environment, Food and Rural Affairs (DEFRA). Reviews are due to take place every three years. No reviews have taken place to date since it was published in 2022. The guiding principle for decision-making is that all parties aim to reach consensus and that decisions will be made in line with the UK's existing international obligations.

Turning now to the governance structure of the framework, the framework encompasses both the air quality framework and the best available techniques (BAT) framework, and they share the same UK air quality governance group, which is the senior-level group. At the top of structure are the portfolio Ministers and the inter-ministerial group. Then there is the senior officials programme board and the UK air quality governance group. Beneath that is a series of subgroups, some focusing more on ambient air quality such as the common framework working group and certain air quality subgroups. On the BAT side, we have the BAT standards council and BAT policy subgroups, which relate primarily to small and medium industries. Those groups hold discussions on the policy and evidence requirements of the legislation included in the framework, and the DAs are represented in all of those groups. Those groups provide advice to the air quality common framework working group and, where appropriate, to the governance group and Ministers on the rationale and the approach taken in a policy area.

Thinking about the current stage and where we are on this framework, on 7 October, TEO private office confirmed that the First Minister and deputy First Minister had jointly agreed the latest version of the Windsor framework text. The framework has been undergoing parliamentary scrutiny in all four parts of the UK, and that is yet to be undertaken in NI, which is what we are doing this morning. Once the Committee has considered the provisional common framework, officials across the UK will consider collectively the feedback that has been received and make changes as required. Recognising that some of the drafting needs updating due to the passage of time since publication in 2022, the Committee is invited to consider the framework, the briefing paper and what we have said this morning and provide officials with comments. We will then feed that back to DEFRA and, at that stage, scrutiny will be complete. Thank you very much for your time. Kate, Caroline and I are happy to answer questions and assist further.

The Chairperson (Mr Butler): Thank you very much for your presentation and for the papers that were submitted and that are in the members' pack. I have a quick first question and two subsequent ones. You indicated that there has been no review so far since it was first brought together. Is a date anticipated for the first review?

Ms Kate Fitzsimmons (Department of Agriculture, Environment and Rural Affairs): We do not have a date as yet, but the finalisation process of the framework that we are going through will lead to lots of drafting checks and so on of the document. Once that is finalised, it will be in place, and the reviews are open beyond that.

The Chairperson (Mr Butler): No problem. To what extent does the framework allow for regional flexibility? Are there any specific policy areas on which DAERA has sought divergence? Are there any Northern Ireland-specific mitigations or changes?

Ms Fitzsimmons: There is room for flexibility on regional air quality issues. We could have different pollutants in Northern Ireland or different sources of pollutants, so we will have the flexibility to make sure that we are dealing with them. Ultimately, that could lead to some divergence, but, through the governance groups and the various groups that we sit on, we all closely align ourselves with the science that is used to make any decisions. That should minimise the chance of divergence, but divergence is possible.

The Chairperson (Mr Butler): It is possible. OK. Has DAERA identified any potential areas at this point?

Ms Fitzsimmons: Not at this point, no.

The Chairperson (Mr Butler): OK. Thank you. I understand that, although a periodic review of the framework will take place every few years — you have pointed out when that is likely to happen, which is when it is put together — an exceptional review of the framework is triggered by a significant issue. Can you give any examples of what a significant issue might be or what might trigger an earlier review, once the framework has been put together?

Ms Holmes: That is not something that has come up in discussions. We are, however, happy to discuss that with DEFRA and get back to the Committee, if that would be helpful.

The Chairperson (Mr Butler): Yes, that would be useful. Thank you very much.

Mr McAleer: You said that the framework must comply with the Windsor framework. You mentioned annex 4. Bearing in mind that the Windsor framework recognises the EU and the all-island dimension, and we know that air does not recognise borders, what level of engagement have you had with your counterparts in the South of Ireland on the issue?

Ms Holmes: On the air quality common framework specifically?

Mr McAleer: Yes.

Ms Holmes: We have really good engagement with colleagues in the Department of Climate, Energy and the Environment (DCEE) and in the Environmental Protection Agency (EPA) on wider air quality issues. They are aware of the UK air quality framework but are not a party to it. We therefore have not had direct discussions with them about the framework, but there has been very good engagement on wider air quality policy and research. You may have been made aware of the recent cross-border PEACE PLUS award of €6·5 million to look at air quality pollutants and at particulate matter (PM) 2·5 in particular, as well as at agricultural sources, transport and residential solid fuel. In general, the working relationship between us and our colleagues in the South is very positive.

Mr McAleer: If, for some reason, there were to be any divergence or tension between the air quality framework and the Windsor framework, how would it be resolved?

Ms Caroline Barry (Department of Agriculture, Environment and Rural Affairs): A dispute-resolution mechanism is built into the common framework, so any issues could be escalated through that mechanism, as Amy set out. A dispute can be escalated through the air quality governance group up to the senior officials programme board and the inter-ministerial group. There are therefore mechanisms in place to address any issues that may come up because of divergence.

Mr McAleer: Thank you, Caroline.

Mr McCrossan: Thank you to the three of you for your presentation. Am I right to say that it is down to individual councils to monitor data collection?

Ms Fitzsimmons: In Northern Ireland, air quality monitoring is the responsibility of local councils. DAERA writes the policy, and we ensure that councils receive a local air quality management grant to assist them in the assessment, monitoring and review of air quality.

That can mean putting monitors in place in different regions for different pollutants. The monitors then capture the data, and it will be publicly available on our website. The data will be collated and reported on annually by councils individually. There will also be a Northern Ireland annual report, which will feed into a UK-wide report.

Mr McCrossan: Are any of the 11 councils not monitoring air quality?

Ms Fitzsimmons: All councils are monitoring air quality. Some take different approaches to doing so. The local air quality management regime is a UK-wide structure. There is a guidance note on how councils should go about monitoring air quality. It is up to a council to identify problems in its area. It can then monitor them in a way in which it deems suitable. For example, it could do passive monitoring, which involves exposing a small diffusion tube for a length of time. It is then sealed, sent to a laboratory and analysed for pollutants such as nitrogen dioxide. Another approach is to do automated monitoring, which is often in place for the longer term. It involves highly technical, high-grade scientific equipment that requires calibration and lots of technical support to make sure that it is accurate.

Mr McCrossan: Are all 11 councils using the automated approach?

Ms Fitzsimmons: Ten of the 11 councils are using the automated approach. One council —.

Mr McCrossan: Is it Derry City and Strabane District Council?

Ms Fitzsimmons: Derry City and Strabane District Council does quite a lot of automated monitoring, second only to Belfast City Council. The council has a central monitor in Rosemount, one at Dale's Corner for nitrogen dioxide and two particulate matter monitors. In fact, it has a good few more, but it has two specific particulate matter monitors: one in Strabane and one in Newtownstewart.

Mr McCrossan: Which council does not do automated monitoring?

Ms Fitzsimmons: It is Mid Ulster District Council. Its approach is to depend on passive monitoring. The council has a couple of air quality management areas. The council identified some areas that require a little additional assistance through that system.

Mr McCrossan: That is very helpful. Of the 11 councils, which ones rank in the top three areas with the worst rating for air quality?

Ms Fitzsimmons: I do not have that data to hand. The data is very nuanced. It can be easily pulled from the records, but I do not have it with me.

Ms Holmes: If you like, we can come back to you with an annual average for each monitoring station. If you are asking about ratings, are you thinking, for example, about the number of times that we have witnessed a high rating? All automated readings are put on the air quality website. You may have seen a map of Northern Ireland with different dots on it. There is a one-to-10 index so that you can see what the levels are. It is live data. It should be no more than an hour or two old. Depending on whether you are asking about annual averages or the number of times that we have seen a high rating or that there has been a spike above the allowable daily limit, we can answer that question in a variety of ways. We are very happy to come back to you with further information.

Mr McCrossan: We will take all that information. If it can be provided to the Committee, that will be helpful. I have received complaints via my office. I am a West Tyrone MLA, and there are serious concerns about air quality in West Tyrone, particularly on the Derry and Strabane side of the constituency. I have already asked a number of questions about that, so having the information will be helpful.

I have a final question. Do enforcement powers sit with councils?

Ms Holmes: It is not enforcement as such; it is the local air quality management regime, through which an issue is identified and an area designated an air quality management area. A requirement then kicks in for the council to work collectively with other relevant authorities to put in place an action plan. We work closely with the councils on that. Other Departments with responsibilities — perhaps the Department for Infrastructure for transport or the Department for the Economy for energy — can all feed into that action plan. The way in which the regime is designed means that, after a period, if the action plan has worked, pollutant levels should come down, and the air quality management area can then be revoked.

Mr McCrossan: Who determines where that action plan should be put in place?

Ms Holmes: The council.

Mr McCrossan: That goes back to my point. It is up to a council to take action if a complaint is raised in a village. As an example, I will use West Tyrone, where the air quality in a village is disturbed frequently. We have had issues — we have discussed them at the Committee in the short time that I have been on it — with individuals or businesses burning materials, chemicals or whatever, which is adversely affecting the air quality in that village. I have raised it with the council, but, because the burning happens on a Sunday, by the time that the council gets out to check, there is no measurement of the pollutant levels. That situation has gone on and on. I have asked the council to take action, but it will not do anything about it. Where are the teeth to ensure that people have equality when it comes to air quality?

Ms Holmes: The local air quality management regime kicks in when there is monitored evidence that pollutants are above a certain level. We do not have a monitor on every street across Northern Ireland. The council may think that that is more of a statutory nuisance-type issue, because it happens only once a week. When we write back to the Committee, we can provide details on the levels throughout Northern Ireland.

Mr McCrossan: That would be helpful.

Briefly, is the location of the monitors at the council's discretion?

Ms Holmes: A number of pieces of legislation are in play. Some of the legislation stems from the cleaner air for Europe (CAFE) directive. We have an automated network that is overseen by DEFRA. There is also some discretion for councils to pick the areas where they want monitors, because they see separate need, and we fund the councils for those monitors. We also work closely with the councils and provide input and feedback. We have oversight of all Northern Ireland and of what all the councils are doing, so we can give guidance or opinions. The location of monitors is largely down to councils' local knowledge, however.

Mr McCrossan: I am interested in information —.

The Chairperson (Mr Butler): No more questions. Finish up.

Mr McCrossan: It is a very brief one, Chair. This is an important point. Councils have discretion to decide the location of monitors. No council wants a reputation for having the worst air quality in Northern Ireland. Is it therefore advantageous for a council to locate monitors in locations where they will not pick up a reading that would negatively impact on its reputation?

Ms Holmes: We understand your point.

Mr McCrossan: That is happening, in my opinion.

The Chairperson (Mr Butler): Amy, for the Committee Clerk, we need some information on the datasets that you mentioned in an answer to Daniel. I think that we got two of them. What datasets are available to share with the Committee?

Ms Holmes: All the data is on the website. Mr McCrossan was suggesting that we provide annual average data for certain key pollutants. We can do that for nitrogen dioxide and PM2·5. If the Committee would like information on further pollutants, we can draw out that data.

Equally, I had suggested getting data on every time that there is a reading on the daily indices of seven or above, which would register as "high". What I will say is that a reading of seven does not necessarily mean that there is air pollution. It can be down to, for example, the equipment being taken offline for the gas cylinders to be replaced, so there can be an artificially high reading for a short time. Colleagues on the council can usually identify such readings on the basis of the fact that it is incredibly localised or that work was being done at the cabinet at that time. It does not mean that there is a genuine air pollution issue just because there is a high reading.

The Chairperson (Mr Butler): I imagine that it is sensitive enough to pick up environmental changes from a global event, such as when that volcano erupted a number of years ago, a freak weather event or the sand that comes from the Sahara at times.

Ms Holmes: We see the Sahara dust, yes.

The Chairperson (Mr Butler): I have a final point to make, and it is about what Daniel was getting to. I will then bring in John, who has been very patient. The Committee is interested in odour pollution, which, in some ways, I think, is linked to air quality. We are concerned that councils use the sniff test for that. Daniel's point was well made that councils are available Monday to Friday.

I assume therefore that there will be some correlation. I know that the air quality common framework is a high-level framework, but, at the same time, this is about the constituents whom we represent.

Mr Blair: We do not have the datasets in front of us, so I have some concern that we are straying into a much more detailed discussion. We do not have immediate access to the relevant business areas or officials who may be able to provide the information required. Beyond a chat, it will not achieve any definitive outcome. If we get information, can you clarify whether the datasets will relate to all councils across Northern Ireland? It is not for today to predetermine this, but I suggest that, at that point, we should have a further conversation with the air and environmental quality unit in DAERA and/or the shared environmental services unit in local government. We probably have not accessed the latter frequently, if at all. We were discussing odour pollution recently. We need to find out whom we need to speak to about getting a clearer picture of air quality.

There are disparities in some air quality issues. For example, ammonia levels in Northern Ireland account for 12% of the UK total, yet we have 3% of the population and 6% of the land area. Is there any evidence of whether the frameworks that we are discussing can help shape our policies so that we do better? In short, was pressure applied because Northern Ireland is in the frameworks with other regions?

Ms Holmes: The air quality framework does not apply to ammonia. It covers the pollutants covered by the CAFE directive, such as nitrogen dioxide, PM10, PM2·5, sulphur, ozone and carbon monoxide. Ammonia falls outside the framework.

Mr Blair: The pollutants determined in the frameworks are what we are talking about here. There is a list of defined —.

Ms Holmes: Under the legislation, it is included in the framework.

Mr Blair: OK. I notice that waste incineration is included. Some concerns have been expressed about pollutants from incinerators. We need to be careful about how many of them are developed if existing capacity is not being fully utilised. That most certainly is the case in Northern Ireland. That is an area in which we could tap into the other regions' expertise. Is the framework looking at that?

Ms Barry: Waste incineration would come under the industrial emissions directive. Some small industry reporting is done under the framework, but most of that comes under the industrial emissions common framework. It is not within the scope of this framework.

Mr Blair: The industrial emissions framework will give us access to information as well as inform us of any concerns that arise in other regions.

Ms Barry: Yes.

Mr Blair: Thank you. That is helpful.

Mr Irwin: Do we know which of the four regions of the UK has the best air quality and which has the worst? Is that public knowledge?

Ms Holmes: We do not have a rating system as such. There are different ways of looking at the data. It very much depends on what pollutant we are looking at, in what area and over what average time. We could be looking at an annual average or a 24-hour average for a specific pollutant. If there are certain areas or pollutants that you are interested in, however, we can certainly interrogate the website, which is our data repository, and get back to you if you have specific questions.

Mr Irwin: I have some concerns about divergence. Is there potential for divergence?

Ms Fitzsimmons: There is potential for divergence under the air quality common framework, but the focus of that divergence is on making sure that we get regional-specific protection in place for air quality. Such divergence would therefore be positive. It would be focused on pollutants that may be more problematic in Northern Ireland. It could relate to solid-fuel burning or car emissions, which may not be just as big a problem in, for example, a small region in Scotland. Divergence is therefore possible, but hopefully, it is viewed as a flexibility in the framework.

Ms Holmes: On your previous question, there is a UK-wide annual air quality report that contains a lot of information on where, across the UK, certain limit values or air quality standards, objectives or target values have been exceeded. That may be of some help, but, if there are specific instances, areas or pollutants that you would like us to look at, we are happy to interrogate the data and get back to the Committee.

Mr Irwin: Thank you.

The Chairperson (Mr Butler): Finally, to be fair to the Department, when will you require a response from the Committee?

Ms Fitzsimmons: Just at your earliest convenience.

The Chairperson (Mr Butler): Are members content that we gather a bit more information? We can perhaps ask for a Research and Information Service (RaISe) paper? We have asked for the datasets, which are possibly available online, but it would be good for the Committee to see them pulled together. I will ask the Committee Clerk to set aside a bit of time to return to the issue so that the Committee can give an informed response. Are members content?

Mr Blair: Chair, to be clear about the RaISe information that we are seeking, will it be on the frameworks or on local government responsibilities across Northern Ireland? They are two separate things.

The Chairperson (Mr Butler): This jurisdiction is slightly different, because we have the Windsor framework. Departments and their Ministers in England, Scotland and Wales are concerned with their jurisdiction. We have an extra complication here because of the Windsor framework. As Declan said, we are also in negotiations with our counterparts in the Republic. There may be no implications from the Windsor framework, but, in order to see how things might play out, I would reach out to RaISe, if members are content to do so.

I know that that is not necessarily for you guys, but I am just letting you know what we are up to here. I am trying to be helpful. Are members content with that approach?

The Chairperson (Mr Butler): OK. Thank you very much for your time today.

Ms Holmes: Thank you very much.