The issue – traffic pollution; a silent killer, estimated to result in the deaths of 40,000 people per year in the UK with one report published by the Royal College of Physicians gauging the total economic cost to be in excess of £20 billion, as reported in the Guardian. Examined over the course of several years, air pollution has killed more people than the current COVID-19 pandemic and yet this systemic problem remains hidden in the shadows, rather than being at the forefront of public debate. In the context of global summits on combating climate change, individual commitments from the UK government to curb emissions and work towards carbon neutrality and the highly anticipated COP 26 event in Glasgow this November, it seems nonsensical that our local councils refuse to be transparent over their role in perpetuating and exacerbating toxic pollution that is impacting the lives of Londoners on a day-to-day basis.
On 6 May 2021, a vote for the incumbents at your local council and the current London assembly is a vote for these officials to continue damaging your health, the health of your children, and possibly increasing the likelihood of serious illness or even death. What public officials need to reminded of is that the voter does have a real choice, that modern disenfranchisement is coming to an end and that the lives and wellbeing of you and your family are the most important issue that politicians and local councillors need to be concerned with.
Throughout the last year, our local councils have been committed to pedestrianising crowded areas of London and encouraging walking/cycling. At the core of this has been Sadiq Khan’s crusade for cleaner air after declaring a climate emergency in London in 2018, now the centrepiece of his campaign for a second term in City Hall.
However, these objectively beneficial schemes have been undermined by bodies such as Westminster Council who refuse to disclose how they mitigate pollution during the course of road work projects and the details of their contracts with construction firms. Westminster, for example, persist with a constant programme of poorly planned and chaotic road works across central London, increasing cases of asthma, emphysema and in some tragic cases, directly contributing to premature death.
Any cyclist, jogger, Sunday stroller, road user, and indeed any Londoner, should be profoundly alarmed at the blatant disregard for their health, wellbeing and quality of life.
This becomes even more concerning when one considers the proximity of schools to areas where prolonged and unnecessary road works are being carried out. An article published in the Times on 28 April 2021 revealed:
“Research involving 2,000 children born in England and Wales in 1994 and 1995 linked increased levels of pollutants such as nitrogen oxides with increased levels of mental illness symptoms.
“While we might like to think of our towns and cities as green and open spaces, it’s clear that there is a hidden danger that many will not have even considered,” said Dr Helen Fisher of King’s College London, the study’s co-author. “This study has demonstrated that children growing up in our biggest cities face a greater risk of mental illness due to higher levels of traffic.””
Frequent FOI requests to Westminster and Camden councils and various government agencies have been met with deliberately vague and evasive answers. Rather than being transparent and disclosing how public funding is being used for the benefit of local residents, these organisations have instead chosen to point to generalised policy proposals and standard operating procedures, obfuscating the increasing pollution these road works, traffic reduction projects and congestion schemes will actually cause. Requests for information on the tender process for these contracts have only elicited choreographed responses that exemplify the culture of impunity and offloading responsibility that now pervades our local authorities.
These public interest disclosure campaigns have also revealed that projects such as the King Henry’s Road area traffic reduction scheme are being implemented without first conducting an environmental impact assessment, consistent air quality monitoring or, most egregious of all, failing to consult local stakeholders. By doing this, local councils wilfully disregard their duty to represent their constituents and instead give increased pollution the green light. This is a shocking example of ‘Camden Roulette’, taking a chance on the lives of school children rather than conducting the proper due diligence expected by a public authority in charge of your money.
This is also a clear and unreasonable violation of Article 8 of the 1998 Human Rights Act, essentially the right of individuals and families to not be injured by the actions of government authorities. When pushed to comment on this, the responding council officer questioned the relevance of the Act. This is a shocking lapse of judgement and is indicative of the absence of due consideration that continues to plague the work of public authorities, coupled with an apparent ignorance of the law which they treat as the ability to ignore their legal obligations, despite the fact that this legislation has been in force for the last 20 years.
Much has been done to curb vehicle use in the city, yet road works have remained under the radar and did not even receive a cursory mention in the Department for Environment, Food and Rural Affairs’ landmark Clean Air Strategy 2019 report, which found that:
“Air pollution is a major public health risk ranking alongside cancer, heart disease and obesity. It causes more harm than passive smoking. A review by the World Health Organization concluded that long-term exposure to air pollution reduces life expectancy by increasing the incidence of lung, heart and circulatory conditions”.
While the report stresses that the UK has made significant strides in reducing emissions, particularly in lowering exposure to harmful particulate matter such as PM2.5, the UK consistently averages PM2.5 levels over 250% higher that the World Health Organisation guidelines of 10 µg/m3.
The biggest insult to ordinary people who are directly and indirectly impacted by rising pollution levels as a result of road works is that politicians, investigative journalists and environmental campaigners alike have failed to take action on an issue that is, to all intents and purposes, on their doorstep. Short sighted policies like traffic reduction schemes must be considered against the right of residents to enjoy their quality of life and not suffer detriment due to pollution.
On 6 May 2021, consider your vote in light of what has been discussed above. Consider whether you want to vote for the same local councillors who view themselves as being unaccountable, despite controlling a budget derived from public funding, and continue to push ahead with road works to the detriment of the people they are supposed to represent.
We urge residents of London to email your local MP, local council, and other government bodies to demand transparency and accountability. Please click the link below which will take you to a dedicated website, furnished with a photo gallery and select extracts from correspondence with local councils.
http://www.pollution-danger.co.uk/
We invite any readers of this article to share any similar stories so that we can shed light on this flagrant abuse of public trust.
The information in these blogs is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in these blogs. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
©Gherson 2021