Official Report: Minutes of Evidence

The Chairperson (Mr Butler): I welcome the following officials to brief the Committee and answer any questions: Ms Amy Holmes, head of air and environmental quality branch; and Mr Martin Blayney, environmental policy adviser. Thank you very much for your attendance. Please feel free to brief the Committee.

Ms Amy Holmes (Department of Agriculture, Environment and Rural Affairs): Thank you very much indeed.

The regulations look at particulate matter (PM), which are particles that float about in the ambient air. There are two different sizes of those particles: PM10, which is larger; and PM2·5, which is capable of going through the lungs and into the bloodstream. We know, from a 2023 British Heart Foundation report looking at air pollution and mortality on the island of Ireland, that 936 deaths per year in Northern Ireland are attributable to fine particulate matter. The International Agency for Research on Cancer has classed ambient air pollution, which includes particulate matter, as a group 1 human carcinogen. In light of those serious health impacts, we are keen to see what more we can do to improve human health in Northern Ireland.

In 2021, the World Health Organization (WHO) released a report that included air quality guidelines. The guideline is a figure representing the ultimate levels of different pollutants that the WHO would like to see across the globe. In getting to the ultimate guideline level, there are four interim targets. DAERA proposes to bring our legislation more up to date and in line with interim target 4. The World Health Organization guidelines and interim levels are not legally binding, and there is no suggested date for implementation; rather, the WHO seeks a progressive improvement in air pollution.

The draft regulations have two operational dates because they amend two sets of regulations: the Air Quality Regulations (Northern Ireland) 2003 and the Air Quality Standards Regulations 2010. Owing to the way in which the two regimes operate legally, there are different operational dates. That allows us to have a compliance date of 1 January 2028 for all the targets, limits and objectives.

The 2003 regulations identify the relevant authorities for air quality in Northern Ireland and set out the objectives to be achieved. The draft regulations are technically and legally a bit complex, but, in essence, they update the names of Northern Ireland Departments and remove obsolete references; for example, if there was a previous compliance date of 2004, which passed some time ago, we have updated it. We have also changed the definition of "relevant period", so that, instead of having to achieve the new limit objective by a certain date, there is now an obligation for ongoing compliance. In essence, it is a rolling requirement for compliance by a certain date and every year thereafter, which will ensure that there is no subsequent reduction in environmental or human health protection.

The schedule reduces the annual average objective for PM10 from 40 micrograms per cubic metre to 20 micrograms per cubic metre and revokes a previous set of amendments to air quality regs. It is a tidying-up exercise to keep the statute book as neat and tidy and easily understood as possible for the public.

The amendments to the 2010 regs are to reduce the annual average limit value for PM10 from 40 micrograms per cubic metre to 20 micrograms per cubic metre and for PM2·5 from 25 micrograms per cubic metre to 10 micrograms per cubic metre. We are reducing the target value. That is more of an aspirational level: it is a stricter, lower value than the other two. We have updated that figure in line with the other proposed amendments. The amendments also amalgamate into a new schedule information on threshold levels that was previously contained in the EU directives. Again, that is a tidying-up exercise to make it easier for the public and district councils to understand.

We engaged with district council environmental health officers operationally in developing the regulations to ensure that they are operable. Council environmental health officers were supportive overall, and we have considered and taken on board their suggestions where possible. We have also sought independent specialist advice on the technical aspects of the legislation and the way in which the amendments will operate. The Committee will be well aware of the transboundary nature of air quality. In proposing the regulations, we have engaged closely with colleagues in GB and the Republic of Ireland. We have looked at their legislation and are bringing our legislation more in sync with theirs to reduce transboundary discrepancies as regards concentrations of air pollution.

Subject to the Committee's consideration, comments and, perhaps, ultimate approval, the next steps will be to launch a public consultation of eight to 12 weeks, depending on the timescale available given the fact that we need to lay the regulations by the end of the calendar year in order to ensure that we meet the compliance date of early 2028; and then to follow the normal process of analysing responses, publishing a synopsis, securing ministerial approval and laying the regs. That is the big picture.

The Chairperson (Mr Butler): Thank you very much. We appreciate it. I am sure that members will have a few questions for you.

Some of the air pollutants that are being tested for occur naturally — the paper refers to Saharan sands, for example — and some of them, I imagine, are produced or induced by industry. Are there are any particular concerns in Northern Ireland? You talked about the transboundary nature. Air and water know no border, but are there any particular concerns relating to industrial processes in Northern Ireland that could or would contribute to that?

Ms Holmes: Not so much in respect of industrial processes. The make-up of home heating in Northern Ireland is different: we are perhaps more reliant on solid fuels than gas than is the case in GB. You may be aware of the PEACE PLUS cross-border work that is being done. One aspect of that is looking in particular at PM, solid-fuel burning and what is happening in the North versus the South to try to improve that and educate us.

When it comes to source apportionment, Martin might know from the inventories what the PM2·5 sources are.

Mr Martin Blayney (Department of Agriculture, Environment and Rural Affairs): We still have a high level of PM2·5 that comes from residential burning. Across the UK, steps are being taken to tackle that. A new EU directive will come into place for tighter limits in Europe as well. Those aspects will help with the transboundary effect on Northern Ireland.

Ms Holmes: A recent UK-wide consultation has been launched by DEFRA. It looks at new emission limits for stoves, labelling and —.

Mr Blayney: Yes, it looks at the labelling of fuels and stoves and at new stove smoke emission values in smoke control areas for Northern Ireland.

Ms Holmes: DEFRA is going through the responses to that. We will work closely with DEFRA to look at the options on a UK-wide basis or the policies that Northern Ireland may wish to take forward itself.

The Chairperson (Mr Butler): OK. I imagine that the testing facilities are strategically placed and that air quality is monitored regularly. One of the first presentations that I attended at the Balmoral show was about farmer health. Asthma and Lung UK gave a phenomenal presentation on the risks to farmers who work in close proximity to dust and pesticides. I imagine that these regulations are more about wider public spaces, but do they have any crossover with farm or rural activities?

Ms Holmes: Only insofar as they govern the concentration in ambient air, which is the air that is all around us. They will not target any specific industry, group or geographical region. Certainly, improved air quality on farms would be very helpful for human health. There is secondary particulate matter that comes from ammonia and shows up in some of our monitoring, but the management of ammonia on farms is governed by different regimes. As those all develop and progress, they could have a knock-on impact on the overall concentrations in ambient air.

The Chairperson (Mr Butler): Thank you so much.

Mr McAleer: On ammonia, what did you say about secondary —?

Ms Holmes: Secondary particulate matter. When chemicals in the atmosphere are in the presence of other chemicals, they can react with those and form new compounds. Increased ammonia emissions can increase secondary particulate matter. Another example of pollutants changing is that volatile organic compounds in the presence of nitrogen dioxide and sunlight can form tropospheric ozone. You might think of the ozone layer as being great for human health in protecting us from rays, but, at ground level, ozone can be quite damaging to human health. In doing all of this, we are acutely aware that reducing levels of one pollutant can have knock-on effects on other pollutants. For example, when it comes to ozone, we cannot control the weather. Lovely as days like this are, they mean that we might see increased ozone levels in certain places. The south of England has had some alerts with slightly elevated levels recently due to the good weather.

Mr McAleer: Are there particular sectors that you need to work with on those emissions?

Ms Holmes: Certainly. We have the emissions inventory that is released every year. That is model data, which can give an indication for Northern Ireland of the percentage source of a certain pollutant from a particular industry. I am sorry that I do not have that in front of me today, Declan.

As for particulate matter in Northern Ireland, it is more looking at residential, solid-fuel burning and the options for that. As I said, we are looking at the UK-wide consultation. We are also working with colleagues in the Republic of Ireland on PEACE PLUS and what they are doing. It is a twinned-town approach to look at levels: one town in the North and something similar in the South, to try to get data that is more specific to the island of Ireland to see what may or may not work for Northern Ireland, with a view to looking at those options more specifically.

Mr McAleer: It is obviously essential to have clean air, with its impact on health. We would definitely support that. It is also important to look at mitigations, because we are doing this work in the context of a fuel crisis. People and small businesses are hard-pressed, so it is important, in mitigation, to improve air quality. We also need to support sectors to effectively achieve a just transition. That is important.

Mr Blayney: That is one of the reasons that we went for interim target 4: it is a stepping-stone approach to stricter levels in the future. It means that we are not hitting certain industries hard. We have looked at monitoring model data to show that those targets can be achieved. It is just about maintaining that and looking at policies and how we can then take the targets down to stricter levels in the future.

Mr McAleer: That is great. Thank you very much.

The Chairperson (Mr Butler): Before I bring John in, I want to ask about a really useful angle that you brought up. Do you anticipate any short-term impacts of the regulation? Declan has painted a really good picture of where we are on our use of and dependence on oil and solid-fuel burners. As we know, the oil tap can get turned off very quickly, and then people will be using solid fuel. A lot of that is retrospective. I imagine that that will apply to new appliances, but people will have appliances, so —. Has there been an anticipated impact in the short term with the new figures?

Ms Holmes: This will not target a specific industry or anything like that. As I said, it is in the ambient air. In looking at it, we have gone right back to our monitoring sites across Northern Ireland and looked at the number of sites currently making this. For example, in 2024, which is the most recent full year of ratified data that we have, with the new annual average limit of 10 — there were 10 sites in total — all 10 sites were already implementing what we propose. Whilst some may ask, "Why are you not going further?", it is important to recognise that an element of the particulate matter is natural and that we cannot control it.

Moreover, we are keen to expand the monitoring network. In some council areas in Northern Ireland, there are populations where no monitoring is done, so we do not know what the levels there are. Therefore, we see this very much as an interim step to see what is happening: do we continue monitoring where there may be a couple of sites that have been very close to the level so that we can see that they sustain that, and then, we can look at reducing those levels further?

Alternatively, where we see that perhaps there is a new site and there are problems with particulate matter, that is when the legislation and local air quality management regime would kick in, and we would work with district councils through the local air quality management grant. They would designate an air quality management area, and through that, they would work with other Departments, for example, to put in place an action plan, with a view to bringing down the pollutant of concern in that area over the medium term.

The Chairperson (Mr Butler): I have a final question before I bring John in. Are there any specific powers that come from the Department to enable it to demand that either an industry or council take action?

Ms Holmes: I would need to check the exact detail of the legislation, but the Department does have the power to monitor. The power to take action sits with the district council. I need to check whether the Department would have the power to act by default if a district council did not. We have never had that situation. We work very closely with all 11 district councils on the monitoring, particularly where they have action plans. We meet regularly with transport representatives. Where an air quality management area is designated for nitrogen dioxide, which is primarily a transport pollutant, we work closely with transport representatives with a view to revocation, which is a very positive thing, if the special designation is no longer needed.

Mr Blair: Thanks to both of you. My question directly follows on from Declan's, as well as what the Chair referred to. The paper makes it clear that — it is indisputable — responsibility for this sits with DAERA and is not cross-cutting for the Northern Ireland Executive. However, it is interdepartmental, inter-agency and intersectoral when it comes to contributory factors of air quality and pollution. Will there be any stepping-up of the action plans that have been referred to or any conscious effort made to work across the energy and industry sectors and others, including the councils, for example, to ensure that any new and more ambitious targets can be met?

Ms Holmes: Based on the targets that we are proposing, we are confident that that will not create any issues. If we get to a stage where we are looking at bringing forward tighter targets or objectives, we have the energy strategy, on which DFE leads. The just transition factors into that, and we meet the industry regularly on that. Once the forthcoming clean air strategy goes out to consultation and is finalised, it can pick up a lot of that cross-departmental work. We work very closely with the other Departments on a lot of policy areas, as well as with DEFRA and our counterparts in the Republic of Ireland.

We are looking at the next six years of the local air quality management grants and the business case to fund all that work with the councils and the action plans that I mentioned. That has gone to DOF for approval, and we are looking at the medium and long term of what the options look like, as well as the balance that needs to be struck. It is about giving people a choice and supporting councils to carry out the actions that need to happen. It is not just about legislation; there is money to come as well.

Mr Blair: Existing strategies and actions will pick up on the new framework that will be set by the Department; I understand that. Following on from that, are you aware of any effort being made to increase the number of air quality monitoring sites?

Ms Holmes: Absolutely. That falls within our team's remit. Over the past five or six years — I need to check that — we have installed five new PM2·5 monitoring stations, one of which is in Enniskillen. That was the first automated monitoring station. Our colleagues who deal with that are not with us today. We have an annual air pollution report, which outlines that. In total, Martin, we have 22 air quality monitoring stations, is that right?

Mr Blayney: We have 22 air quality monitoring stations across Northern Ireland. In 2019, we had three PM2·5 monitors, but now, in 2026, we have 10 — it is probably 11 now.

Mr Blair: From when, — 2003

Mr Blayney: From 2019.

Mr Blair: I am sorry; I misheard you.

Ms Holmes: From 2019 to 2024, we have gone from three to 10 sites. Last year, our team released a contract for an independent review of the air quality monitoring network in Northern Ireland. We looked not just at legislative compliance but where we should be monitoring in order to improve human health. Where are the gaps? We looked at population density and where the population has changed, as well as emerging pollutants of concern. There were issues in the 70s that are no longer pollutants of concern now. We have gone through the findings of that report as a team, and we have sought additional independent clarification on some of the recommendations. We have prioritised those recommendations and we are in the process of going out to the councils collectively to let them know what our thinking is and to seek their views. We have put bilateral meetings with each council into the diary in order to discuss the recommendations from the report and what needs to be actioned urgently now, and in the medium and long term, looking at legislative compliance. There are different levels of aspiration, but we have started that project. We have got the results, and we are getting the funding through the local air quality management grant in order to implement them.

Mr Blair: Is the review of the air quality monitoring network complete and the actions are now flowing from that or is that review ongoing?

Ms Holmes: That will be an ongoing review. We have the initials reports, and have sought further information. We are now engaging with councils. Those actions will be taken through business-as-usual work through our ongoing engagement with councils and local air quality management regimes. That is our bread and butter, what we do every day.

Mr Blair: Thank you. That was useful.

Miss McIlveen: Thank you for your presentation. I am curious about divergence from the rest of the United Kingdom. The target date for England is 31 December 2040 and for Wales it is 31 December 2035. Why is our date 2028?

Ms Holmes: To improve human health faster. We are confident, based on the compliance in previous years, that we are already reaching the target. Even if we expanded monitoring, we would have a good chance of making that target. We work closely with the other devolved Administrations and have engaged with them on that. Our Minister is keen to improve human health in Northern Ireland through having a compliance date earlier than the others. As I said, we are confident that we can make that, and if, through increased monitoring, we spot any problems, we can deal with those on a phased basis.

Miss McIlveen: Why 2028?

Mr Blayney: It is because we need to give one full year to district councils for them to achieve the objective.

Miss McIlveen: Yes, but why 2028 and not 2030?

Mr Blayney: Looking at the data, we believe that that can be achieved now. Giving them one year will essentially give the notice that this is coming in and that it can be achieved.

Miss McIlveen: Sometimes, we can set ourselves realistic targets and sometimes unrealistic targets. When a clear target such as this is set, however, you are opening yourself up to legal challenge if you fail to meet it. Have you covered yourselves with regard to the date that you have set?

Ms Holmes: There have been instances when annual average target limits or objectives, as previously set out in the UK-wide strategy, were not met, and there was no litigation. Based on the analysis that we have undertaken for those particular pollutants at the sites where we monitor, we are confident that there would not be a breach or exceedance. We are also confident that even if that were to be the case, we have the necessary backup, legislative regime, actions and funding systems in place to ensure that that is alleviated or rectified as soon as possible through work with the district councils.

Miss McIlveen: When you talk about its being on an operational level, what exactly is the role of district councils?

Ms Holmes: The legislation requires DAERA and district councils to undertake monitoring, and where a target limit or objective has been exceeded or is likely to be exceeded, the district council is required to declare an air quality management area. As part of that process, it needs to prepare an action plan and work with the relevant authority as designated in the legislation, so the likes of ourselves or DFI if it is a transport issue, to think up actions that can be taken to improve air quality in that area.

We have the local air quality management grant, and DAERA funds the district council every year. For example, we fund 50% of staff costs if it is new monitoring, and we can fund 100% for awareness campaigns, which a number of councils have done, and other actions that councils want to put forward to help with that. If you would like further information on the sorts of actions, we are happy to speak to colleagues who deal with that and come back to the Committee if you have specific questions.

Miss McIlveen: Thank you.

Mr Wilson: There was an issue with air quality in Armagh a number of years ago, particularly around The Mall, and it was linked largely to the slowness of traffic movements.

I am on the map at the minute, and everywhere is looking really good. It is looking quite low, and the forecast is low. Does the data gathered from that influence your trajectory? It looks good at the moment, so what makes it bad? Looking out, I assume that it is a really hot day with a lot of people out and about and traffic running quite slowly and that that is bound to generate more pollutants. However, from looking at the map, I see that everywhere is green, and the advice from that DAERA-sponsored website is to enjoy your usual activities.

Ms Holmes: That is the DAERA air quality website with the sites on it.

Mr Wilson: Yes.

Ms Holmes: The numbers 1 to 10 are on the daily air quality index (DAQI), which gives a 24-hour average. You could have a short 15-minute spike, and the DAQI would not pick that up because it is averaged over a 24-period.

Mr Wilson: It would not pick that up.

Ms Holmes: It would not pick that up.

Mr Wilson: What is the point of it if it would not pick that up?

Ms Holmes: The DAQI and the screen that you are looking at are more for long-term protection. You can click in on the website to the data, and there are two types of graph. You can see a line graph, where you can see the trajectory of a particular pollutant over the past number of hours. We in our team use that quite closely to know whether we need to issue an air quality alert.

Mr Wilson: In Armagh, the link roads project is a big factor for removing the bottlenecks in and around the city and diverting them to bypasses. That is really on the go-slow. I do not think that a project could go any slower. How do you feed your data into DFI to ask it, rather than hammering businesses or homeowners, how it is looking strategically at the issue to get traffic away from our city centres and moving more freely? Cars would then be on the roads less time generating fewer pollutants. What is your take on that? How are you influencing other Departments on how they should be conducting their projects or moving them on more quickly, with, as you have said, ultimately, human health at the basis of it?

Ms Holmes: That data is publicly available, and there is a data repository behind the website that goes back, I believe, to the 1990s. Colleagues in DFI are aware of it. We also draft every year the air pollution in Northern Ireland report, which Martin leads on. Again, all of that is publicly available. From the planning perspective, where DFI has a role, it is aware not only of that website but of our team's noise website. Again, DFI can use all that data, and there is a huge repository for all the different noise sources in Northern Ireland, to inform its decisions and policies.

Mr Wilson: The consultation on wood-burning stoves finished in March. What were the overall takeaways from that? Have you assessed the responses?

Ms Holmes: That was a DEFRA-run consultation, so DEFRA is assessing those at the moment. We have had a number of meetings with DEFRA by way of updates. I think that there were quite a number of responses, and it is still working through them. So, no, we do not have a read-out on that at present.

Mr Wilson: In closing, I have a wood-burning stove myself. It is linked up to my heating. It is ultra-efficient. In the winter, I can heat my house on old pallets or any offcuts of timber that I can find. I do not throw any of it out; it all gets thrown on the fire. When it is lit, my oil is off, so I can be almost off the grid, bar a wee bit of electric to run the pump. I find that really efficient. I am not using oil, essentially, so it is really cheap. The house is insulated, so the heat stays in rather than escaping and losing all that heat.

Are you coming for my wood-burning stove? That is what I am asking. I am really protective of it because it works so well and saves me money. I am really passionate about it. I put a lot of work in with my plumber on the design of it to make it work. It does work, and it is really cheap. It has paid for itself five times since I installed it. I know that other people in the country are the same. Having spoken to them, I know that they are passionate about it. When they hear about this, they are concerned that there will be some restriction to force them into some scheme that will cost them a fortune. My stove and those of other people who I speak to are really efficient, and they work. They deal with a lot of waste timber efficiently. I get the point about particulate matter, but, compared with other factors, its overall impact is negligible.

Consider Northern Ireland's well-documented public health issue with alcohol. There are so many other aspects of society that cost this Province an immense amount of money. The Health Minister talked recently about alcohol and its impacts. It costs £900 million per year and affects all our A&E admissions. I think that six out of 10 admissions at the weekends are alcohol-related. I get that we have to balance all aspects, but I am dubious about the weighting of them when it comes to public health. I am not pushing away the issue; I am asking whether it is representative of where the biggest pressures are in public health.

Ms Holmes: You asked whether the regulations are likely to have a direct impact on, or bring about more regulations on, stoves in particular. The answer is no. We are confident, on the basis of the data, that we are meeting the needs already.

I do not know what the outputs from the UK-wide consultation on stove limits will be. Some of what is proposed may be for DFE or the Department of Health to take forward, and some of it may involve, for example, a voluntary labelling scheme. There is also a big piece of education to be done on burning, so that people understand what is involved. It is not just about outdoor air quality; there is indoor air quality, which can be more of an issue with any sort of combustion sources. For example, if you are opening the front of your fire as well —.

Mr Wilson: That can also be an issue when it comes to limiting the movement of traffic in town centres.

Ms Holmes: Absolutely. We also have a different legislative regime: the smoke control regime. Where a district council has designated a smoke-control area, which is usually in an urban area, there are slightly different rules that apply as regards the appliances that you are allowed to have in your home and, depending on the type of appliance that you have, what you can and cannot burn, such as bituminous coal, manufactured solid fuels or wood products. We have that going in tandem.

Mr Wilson: You can understand the public's scepticism when they look across the world and see huge oil refineries on fire, with billowing black smoke. It all has to be based on reality at the same time.

Mr Blayney: The consultation is about new stoves, so it would not affect anyone with an existing stove.

Mr Wilson: That is fair enough.

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