THE European Union could prosecute the British Government for failing to meet air pollution targets in London.

London will fail to meet EU limits for pollution linked to asthma and respiratory diseases, Ministers have admitted.

City MP Edward Davey (Lib Dem Kingston and Surbiton) has asked the European Commission to begin "urgent legal action" against the UK for failing to meet the target.

And Tories challenged the Government to explain why it was committed in principle to building a third runway at Heathrow airport - when this is expected to increase pollution further.

The Government had hoped to obtain a temporary opt-out from the European Air Quality Directive, which sets down limits for nitrogen dioxide levels and small particles in the air, known as PM10, both of which have been linked to respiratory diseases.

But speaking in the House of Lords, Environment Minister Lord Hunt admitted the UK had failed to apply opt-out in time.

He said: "It is not simply a matter of writing on two sides of A4. Alongside the application, a lot of detailed specification has to be undertaken; that is why we need more time."

Lord Hunt admitted: "Clearly, these particulate matters create significant health issues. That is why it is so important to meet these air quality targets."

He told the House of Lords: "Most of the country meets the target now and, on current projections, a few areas will meet it by 2011.

"We have a problem in London, but our aim in seeking to extend the time limit to 2011 is that, by working with the London government and its local authorities, we will meet the target by that date."

Mr Davey urged the European Union to take legal action, in a House of Commons motion.

He said: "The UK has been in breach of air quality laws for particulate matter in London since 2005 and that, as of 1st November 2008, had missed its final chance to seek a delay against legal action."

He called "on the European Commission to begin urgent legal action against the Government to obtain long overdue compliance and to bring some hope for the thousands of Londoners suffering from asthma and other respiratory and cardiovascular diseases."

Tory Shadow Environment Secretary Peter Ainsworth warned that a new runway at Heathrow would increase pollution.

He told the House of Commons: "Surely expanding Heathrow can only make the situation worse.

"The Environment Agency has warned that pollution from a third runway at Heathrow could ‘increase morbidity and mortality' - in other words, it will mean that more people will die earlier."

Environment Secretary Hilary Benn replied: "The Government have made it clear that any decision about the expansion of Heathrow will have to be subject to the environmental conditions set down."

The Government is set to announce a decision on Heathrow by the end of the year. Gordon Brown, the Prime Minister, has said he backs expansion in principle.

Related links: Lords debate, Edward Davey's motion, Commons debate.

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