Court rejects bid to delay air pollution plan

A UK GOVERNMENT bid to delay plans to tackle illegal levels of air pollution across the UK have been rejected by the High Court.

The court has given ministers a new deadline of 4pm on May 9 for the plans to be made public.

The Government was ordered by the court last November to produce an Air Quality Plan to tackle illegal pollution levels across the UK by 4pm on Monday. But on Friday after the court closed, and less than one working day before the judge-imposed deadline, government lawyers applied to defer publication until after the General Election.

The High Court judge refused to grant permission to appeal, saying the Government would have to go direct to the Appeal Court if it wishes to appeal the decision.

The court ruled that there was “no adequate explanation” to back up the Government’s assertion that a delay in publishing the draft plan would not delay its implementation, adding the impacts of air pollution were “exceptional public health circumstances”.

James Eadie QC, representing the Government, had told the court that the draft plan was “ready to go”, but should be delayed because of purdah designed to stop political parties using the machinery of government for electoral advantage in the run-up to an election.

Mr Justice Garnham said that purdah, the pre-election period, does not affect the outcome of a High Court case and “is not a trump card to be deployed at will by one litigant,” with the judge adding the Government must comply with a court order like anyone else.

EU data shows Glasgow has the highest average annual concentration of NO2 outside of London.