§ Mr. AshleyTo ask the Secretary of State for the Environment what statements have been made by his Department regarding the effect of Crown immunity on air pollution.
§ Mrs. Virginia BottomleyThe 1986 Consultation Paper "Air Pollution Control in Great Britain: Review and Proposals" stated that Crown immunity does not imply lower standards than elsewhere. Where atmospheric emissions are judged to be a statutory nuisance the Secretary of State has the power under the Clean Air Act 1956 to require the use of best practicable means to abate the nuisance.
Welcoming the third report of the hazardous waste inspectorate my hon. Friend, the Member for Lewisham, East (Official Report, 22 June 1988, column 626) reported that health authorities no longer have Crown immunity from the requirements of the Health and Safety at Work etc. Act 1974 and that it was intended that the new controls on incinerator emissions associated with the proposed new air pollution legislation would apply to health authorities as to all other operators.