3. The Local Air Quality Management Bill will make provision for implementing Council Directive 96/62 EC on Ambient Air Quality Assessment and Management. The proposed Bill will also satisfy the Programme for Government (PfG) commitment to have in place, by May 2003, a policy and legislative framework to deliver Northern Ireland's contribution to the targets in the UK Air Quality Strategy for England, Scotland, Wales and Northern Ireland.
4. Effective transposition of the Directive, and implementation of the PfG commitment, requires the establishment of a statutory scheme affecting the relevant parties. The proposed Bill, therefore, places a range of statutory requirements on relevant authorities (to be prescribed by regulations). These statutory requirements are dictated by the responsibilities within the various agencies' control and what is required to satisfy the Directive.
5. The Minister has approved the Policy Proposals in relation to the Bill.

KEY FEATURES

6. The proposed legislation seeks to establish an effective local air quality management system for Northern Ireland. This aim will be achieved by:

• Implementing in Northern Ireland the requirements of the EC Directive (96/62/EC) on ambient air quality assessment and management. This will contribute to our achievement of the targets in the Air Quality Strategy for England, Scotland, Wales and Northern Ireland;

• Placing a statutory requirement on the Department to draw up an Air Quality Strategy for Northern Ireland (this may be a joint strategy with other Administrations);
• Placing a duty on District Councils to conduct reviews and assessments of local air quality;
• Providing a statutory mechanism to deliver air quality management objectives; and
• Providing powers for the declaration by District Councils of air quality management areas and the establishment of action plans, indicating the measures to be taken where there is a risk of the limit values and/or alert thresholds being exceeded.

7. Subsequent Regulations, made under the authority of the proposed Bill, will place in statute the objectives and targets contained in the Air Quality Strategy, which will reflect established EC limit values (objectives) and targets.
8. The proposals in the Bill are mainly based on those contained in Part IV of the Environment Act 1995 which covers England, Scotland and Wales. In addition the Bill provides the Department with the power to fund air quality work and to recoup the cost of carrying out any air quality function on behalf of a District Council. It also ensures the public are kept informed of air quality issues such as the designation of air quality management areas.

CONSULTATION

9. In October 2001 the Department carried out a public consultation on the proposal to provide legislation for the management of air quality in Northern Ireland and in January 2002 officials made a presentation to the Assembly's Environment Committee setting out the proposals for the Bill.
10. As a result of the consultation exercise a total of 36 responses were received, all of which welcomed the proposals. The majority of the responses have been met by clarification of the proposals without the need for any change to the proposals. Of the remaining 5 issues raised, 4 were rejected on the grounds that they were not a matter for the legislation and one was accepted.

OPTIONS CONSIDERED

11. Initially, three options were considered for transposing the requirements of the ambient air quality assessment and management Directive in Northern Ireland. The first was a "do nothing" option. However this was discounted on the grounds that transposition of Directives into law by Member States is mandatory.
12. The second option considered was to transpose by regulations made under the European Communities Act 1972. While this would be possible solely in respect of transposing the Directive on ambient air quality assessment and management it would not provide a legislative framework to deliver Northern Ireland's contribution to the targets in the Air Quality Strategy for England, Scotland, Wales and Northern Ireland.
13. The third option considered was to transpose through a combination of primary and subordinate legislation.
14. This option had the advantage of providing for a combined transposition of the EC Directive and the creation of a legislative framework to deliver Northern Ireland's contribution to the targets in the Air Quality Strategy for England, Scotland, Wales and Northern Ireland. In addition this option had the advantage of enabling the primary legislation to provide powers for other relevant Directives to be transposed by way of regulations without the need for further primary legislation.
15. In view of these advantages, the Department proposes to proceed with the third option.

OVERVIEW

16. The Bill has 20 clauses and 2 Schedules.

COMMENTARY ON CLAUSES

Clause 1: Implementation of Directive

This clause states that the Bill contains provisions for implementing the Council Directive 96/62 EC on ambient air quality assessment and management in Northern Ireland.

This clause imposes on the Department the obligation to prepare and publish a statement or strategy document setting out the air quality strategy for Northern Ireland. The strategy should contain policies for the assessment and management of air quality, which have been formulated to prevent or mitigate the effects of pollution. The strategy should also set out the European framework within which the strategy must work and include standards and objectives for specific pollutants and a timetable for their achievements. It should also set out the steps/measures which the Executive is proposing to take. The Strategy may be a joint strategy with other Administrations or a Northern Ireland regional one.

Subsection (1) requires the Department to prepare and publish a strategy setting out the policies for the assessment and management of air quality in Northern Ireland.

Subsection (2) provides that the Department may co-operate with the Secretary of State in exercise of his functions in relation to the air quality strategy.

Subsection (3) provides that the strategy may contain policies for implementing UK obligations under the Community Treaties or other international agreements in relation to air quality.

Subsection (4) requires that the Strategy shall consist of :

• a statement relating to the whole of Northern Ireland, or

• part of a joint statement, which relates to the whole or part of the United Kingdom, and includes any strategy made by the Secretary of State.

Subsection (5)states that the Department will keep air quality policies under review and may from time to time modify the strategy.

Subsection (6)provides that the strategy shall include statements relating to air quality standards and objectives for the levels of specific pollutants in the air. It should also contain measures needed to be taken by relevant authorities and other persons in order to achieve the objectives set for levels of pollutants in the air.

Subsection (7)requires the Department to consult specific people before preparing or modifying the strategy, i.e., relevant authorities, those who represent the interests of industry, and appropriate other bodies or persons.

Subsection (8) requires the Department, before publishing a strategy or modifying it, to publish a draft of the strategy or modification of the strategy and a notice stating where representations may be made. It is also required to take into account any representations made.

This clause places a responsibility on a District Council to carry out a review of the air quality, and the likely future quality of air, within its area. Where a review has been carried out an assessment should be made of whether the air quality standards and objectives are being achieved, within a specified period. The District Council will then be required to identify particular parts, within its area, where the standards are not likely to be achieved.

Subsection (1)requires each District Council periodically to review the quality of air and the likely future quality, within a specified period.

Subsection (2)places a further duty on each District Council, following a review to carry out an assessment of whether the air quality standards and objectives are being achieved, or are likely to be achieved, within a specified period.

Subsection (3)following action required in subsection (2), a District Council must identify the particular parts of its area, if any, where those standards or objectives are not likely to be achieved.

This clause provides that where a District Council carries out a review of its air quality, and finds that in a certain part of its area air quality standards and objectives are not being met, or are unlikely to be met within the time period, it must make an order designating that part of its area as an air quality management area. The District Council is required to publish the order. An order may also be varied or revoked by a further order.

Subsection (1) requires a District Council, which identifies that air quality standards or objectives are not being achieved or are not likely to be achieved, to make an order designating that part of its council area as an air quality management area.

Subsection (2)specifies that the order will identify the area designated. The format of an order may be prescribed.

Subsection (3)requires a District Council to publish, at specific times, a notice of the order in the Belfast Gazette and in more than one newspaper circulating in the district. The notice must state that the order has been made, and advise the public where a copy of the order and map or plan may be inspected free of charge.

Subsection (4) states that as a result of a subsequent review the order may be varied or revoked by a further order.

This clause sets out the steps a District Council must take after it has made a designation order. Within a specified period of making the designation order, a District Council must supplement the information it has on the designated area by carrying out an assessment. The assessment of the air quality should cover the present and likely future air quality standards or objectives and whether they are not being or are not likely to be achieved. The District Council will then prepare a report of the findings of the assessment.

Subsection (1) requires a District Council to supplement the information held in relation to the designated area by drawing up an assessment. The assessment should contain information about the designated area such as, the present air quality and the likely future air quality within a specified period. It should also set out the ways in which the air quality standards are not being achieved or are not likely to be achieved, within the specified period.

Subsection (2) A District Council which has to carry out an assessment at subsection (1) is also required to: -

• prepare, within 12 months of the order coming into operation, a report of the results of the assessment; and

• prepare an action plan, which will set out the remedial action proposed by the District Council in order to achieve air quality standards and objectives within the designated area.

Subsection (3) requires a District Council, before finalising the content of the action plan, to send to the Department and each relevant authority, copies of specific papers such as any order (together with any map) made by the council, the results of any assessment, the report of the assessment, together with the proposed action plan.

Subsection (4) requires a relevant authority when it receives an action plan, as indicated at subsection (3), to submit to the District Council its proposals relating to its functions, in order to achieve air quality standards and objectives. These should also include the times for implementing each proposal.

Subsection (5) sets out, in addition to subsection (2), the contents of an action plan which should contain proposals as indicated in subsection (4) and the times in which a District Council's proposal will be implemented.

Subsection (6) states that a District Council may revise an action plan, subject to subsection (7).

Subsection (7) requires a District Council, before revising an action plan, to provide the Department and each relevant authority with a copy of the proposed revision. Subsections (4) and (5) will apply to any proposed revision of an action plan.

Subsection (8) provides that, in the event of a disagreement between a relevant authority and a District Council as to the content of a proposed or revised action plan, the matter may be referred, by either party, to the Department. A District Council may not finally determine the content of an action plan except in accordance with the Department's decision.

Subsection (9) requires a District Council to send to the Department and each relevant authority a copy of the action plan or revised action plan after it has been finally determined.

This clause confers on the Department the power to exercise any of the air quality functions, which should be undertaken by a District Council. It also gives the power to the Department to recoup the costs of any such exercise undertaken on a District Council's behalf. The Department has also a power to give direction to a District Council requiring it to carry out a specific action in relation to air quality. This clause also provides the power to the Department to give direction to a District Council in order to implement aspects of Community Treaties, or any international agreement relating to the quality of air. There is a requirement placed on the Department to publish any directions given, and to make copies available to the public. A District Council must comply with any such direction given to it.

Subsection (1) provides for the Department to carry out any of the air quality functions, which should be carried out by a District Council.

Subsection (2) provides the Department with the power to recoup the reasonable expenses of carrying out any of the functions under subsection (1).

Subsection (3) provides the Department with the power to give directions to a District Council.

Subsection (4) sets out specific actions relating to a District Council's air quality functions, which may be specified in directions given by the Department.

Subsection (5) also provides the Department with the power to give directions to District Councils in relation to implementing UK obligations under the Community Treaties and international agreements related to air quality matters.

Subsection (6) requires the Department to publish any directions made under this legislation and to state where a copy may be inspected by the public, free of charge.

Subsection (7) requires a District Council to comply with any direction given to it under this legislation.

This clause provides the Department with the power to make regulations to implement the air quality strategy, and to implement UK obligations under the Community Treaties or other international obligations, or to make more detailed provision for the assessment or management of air quality.

Subsection (1) states that regulations may be made to implement the strategy, European obligations under the Community Treaties, or international agreements in relation to air quality, and for the assessment and management of air quality.

Subsection (2) specifies that regulations may make provision for the following: -

• prescribing air quality standards;
• prescribing objectives for restricting the levels of particular substances in the air;
• conferring or imposing functions on prescribed competent authorities;
• authorising prescribed competent authorities to carry out functions on the Department's behalf; or directing the functions of the Department to be carried out concurrently with prescribed competent authorities; or transferring functions of the Department to prescribed competent authorities;
• prohibiting or restricting the access of prescribed vehicles or mobile equipment to prescribed areas;
• the designation of air quality management areas by orders made by District Councils;
• the application of the provisions of this legislation in relation to designated areas or orders;
• with respect to air quality reviews, assessments, orders, or action plans;
• prescribing measures to be adopted by competent authorities to comply with or in pursuance of the achievement of air quality standards and objectives;
• in relation to informing the public about the quality of the air;
• obtaining information by prescribed competent authorities from any person to enable them to carry out their functions under this legislation;
• the recovery of costs by a District Council from prescribed persons, incurred in carrying out its functions under this legislation;
• a person who contravenes any prescribed provision of the regulations to be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale;
• arrangements for payment of a fixed penalty in order to discharge conviction for a prescribed offence;
• appeals against determinations or decisions made or other things done under the regulations.

Subsection (3) provides the power in relation to subsection (2) to make additional regulations for example, the format, scope, content, methods etc., of reviews, assessments, and action plans. In addition regulations may also be made for the publication and making available to the public, copies of documents, requirements for consultations and for copies of specified documents to be sent to the Department.

Subsection (4) provides that in determining appeals the body or person shall be bound to any direction given to a District Council.

Subsection (5) states that regulations may be made for determining or setting out procedures. They may also be made to cover amendments, incidental, supplemental, etc., including amending, repealing, or revoking statutory provisions considered appropriate by the Department.

Subsection (6) requires the Department to consult specified people before making any regulations i.e. competent authorities, bodies or persons representing the interests of industry, and any other appropriate body or person.

This clause provides the power to a relevant authority to make recommendations to a District Council in relation to any of its air quality functions. There is also a power given to the Department to issue guidance to a District Council or a relevant authority concerning a District Council's or a relevant authority's functions under this Act.

Subsection (1) provides for recommendations to be made to a District Council by a relevant authority in connection with a review, an assessment or an action plan. The District Council must take the recommendation into account.

Subsection (2) enables the Department to issue guidance to District Councils or relevant authorities in relation to their functions.

Subsection (3) states that a District Council or relevant authority must have regard to any guidance issued by the Department.

This clause applies the provisions of Schedule 1.

This clause provides the power to the Department to make grants or loans to any body or person carrying out work in relation to reviews, assessments, the drawing up of action plans, and the management of air quality. The Department will determine the amounts paid, and the terms and conditions for any payments, or repayments.

Subsection (1) provides for the Department to pay grants or loans for the purposes of specified work in relation to air quality.

Subsection (2) states that the Department shall determine the amounts to be paid and the terms and conditions applying to the payments and repayments.

This clause provides that an authorised person may exercise certain powers, which are specifically outlined in the legislation.

Subsections (1)-(3) specify and define the powers of an authorised officer.

Subsection (4) states that an authorised officer must give 7 days notice, and obtain permission or a warrant before entering residential premises.

Subsection (5) states that an authorised person, who wishes to enter any premises, and where entry has been or is likely to be refused, must obtain a warrant.

Subsection (6) provides for the making of regulations for procedures to be followed when taking samples.

Subsection (7) provides that an individual's responses to questions under subsection (2) cannot be used as evidence against that individual.

Subsection (8) provides that a person may withhold production of a document on the grounds of legal professional privilege.

Subsection (9) gives effect to Schedule 2.

Subsection (10) provides the meaning of specific words used in this section and Schedule 2.

Subsection (11) disapplies section 98 of the Local Government Act (NI) 1972 (c. 9) relating to District Councils' 'power to enter on land'.

This clause deals with offences by a person who obstructs an authorised person in the exercise of his duties. It also states that it is an offence for a person without reasonable excuse to fail to comply with any requirement imposed under section 11.

Subsection (1) states that it is an offence to prevent an authorised person from carrying out his duties.

Subsection (2) states that it is an offence to fail to comply with the requirements of clause 11, or to refuse to provide facilities or information, or to prevent any other person from assisting an authorised person.

Subsection (3) states that it is an offence for someone to pretend to be an authorised person.

Subsection (4) specifies that a person guilty of an offence shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Subsection (5) defines the meaning of 'authorised person' and 'powers or duties'.

This clause sets out the arrangements for disclosing information obtained under the provisions of this legislation.

Subsection (1) allows for information to be exchanged between the Department and a relevant authority for the purposes of carrying out any of their functions.

Subsection (2) provides that information shall not be given out if the Secretary of State decides that it is against the interests of national security.

Subsection (3) provides that information obtained under this clause cannot be passed on to another person if the information relates to a trade secret or is commercially confidential or is, in the Secretary of State's opinion, contrary to the interests of national security.

Subsection (4) authorises the disclosure of information to an authorised officer or to someone authorised by that officer to secure the information.

Subsection (5) defines 'commercially confidential' information.

This clause provides for regulations to be made to modify provisions of this legislation to enable the UK to give effect to any Community obligations or any international agreements.

This clause applies, with the omission of certain words, the provisions of section 20(2) of the Interpretation Act (Northern Ireland) 1954 (c. 33) relating to offences by a body corporate.

This clause states that where a person commits an offence and it is due to the action of another person, that other person may be charged and convicted of an offence regardless of whether proceedings are taken against the first person.

This clause sets out the rights and obligations of the Crown including Crown premises, in relation to the provisions of this legislation.

This clause specifies those regulations, made under this legislation, which are subject to affirmative resolution and those, which are subject to negative resolution, by the Assembly. It also outlines the requirements of a direction given by the Department.

Subsections (1), (2) and (3) apply affirmative or negative resolution to specified regulations made under this legislation.

Subsection (4) states that any direction given under this legislation must be in writing and may be amended or revoked by a subsequent direction.

Subsections (5)-(7) provide for directions made under any provision of this legislation to fulfil the purposes of implementing UK obligations under Community Treaties. They also specify that the Department must arrange for the appropriate publication of any variation or revocation of a direction and make copies available to the public.

This clause defines the meaning of specific words used in this legislation.

This clause gives the title of the Bill. The proposed legislation, if passed, will be known as the Local Air Quality Management Act (Northern Ireland) 2002.

The purpose of this Schedule is to set out detailed procedural instructions relating to consultation requirements, exchange of information, joint exercise of District Council functions, public access to information, and fixed penalty offences.

The purpose of this Schedule is to set out detailed procedural instructions for the issue of warrants, obtaining information which may be admissible evidence, securing premises and compensation, all of which relate to powers of entry.

FINANCIAL EFFECTS OF THE BILL

17. A number of financial implications could arise in relation to the implementation of the policy - mainly in the area of smoke control, transportation, and assistance to District Councils in connection with the review and assessment process. Costs cannot be quantified at this time, and are unlikely to be able to be estimated before completion of the review and assessment process being undertaken by the District Councils (scheduled for completion by December 2003).
18. A regulatory impact assessment is not required as the proposed legislation merely puts in place a mechanism for the delivery of air quality management, which in itself does not require specific actions on the part of business. It is envisaged that under normal circumstances, current/proposed industrial pollution legislation would adequately control industrial pollution. Any additional costs arising under proposed industrial pollution legislation will be addressed under the Regulatory Impact Assessment for that legislation.
19. With regard to District Councils, the Department (in advance of the legislation) introduced a grants scheme to assist District Councils in reviewing and assessing local air quality to identify likely problem areas and necessary remedial measures. The package offers grants totalling £1M a year to support councils in this important work.

EFFECTS ON EQUAL OPPORTUNITY

20. No evidence of adverse or differential impact in relation to any of the groups mentioned in section 75 of the Northern Ireland Act 1998 has been identified.

HUMAN RIGHTS ISSUES

21. The Bill is considered to be compatible with Human Rights obligations.

EQUALITY IMPACT ASSESSMENT

22. Research undertaken on behalf of the Department has indicated that it is likely that policies to reduce air pollution concentrations in areas where they are highest could impact marginally more beneficially in the more deprived communities. Therefore, it is likely that the outcomes associated with the proposed legislation will result in a marginally positive Targeting Social Need (TSN) effect.

SUMMARY OF THE REGULATORY APPRAISAL

23. The Bill has no implications in terms of cost to business, therefore a full Regulatory Impact Assessment is not considered necessary.

SECRETARY OF STATE'S CONSENT

24. The Secretary of State has consented under section 10(3)(b) of the Northern Ireland Act 1998 to the Assembly considering this Bill.

LEGISLATIVE COMPETENCE

25. At Introduction the Minister of the Environment had made the following statement under section 9 of the Northern Ireland Act 1998:

"In my view the Local Air Quality Management Bill would be within the legislative competence of the Northern Ireland Assembly."