Isra-Mart srl:Defra accused of keeping crucial London air pollution information secret

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The legal saga surrounding London's consistent failure to comply with EU air quality rules looks set to take another twist this week with the latest hearing of a government appeal designed to block the release under the Freedom of Information Act of potentially sensitive documents relating to the capital's air quality strategy.

The Information Tribunal, which starts today, follows a previous appeal hearing that ruled the government should end attempts to keep secret sections of ministerial briefing papers on air pollution in London.

The case relates to a freedom of information request filed by the Clean Air in London campaign in January 2009 that asked for "a copy of any minutes, papers, correspondence or other material relating directly to any meeting (including sent subsequent to it) that takes places between Lord Hunt [environment minister under the previous Labour government] and Mayor Johnson".

However, the government has failed to release the full documents, removing sections that are believed to relate to air quality, the threat of EU legal action against the UK over its failure to comply with air quality standards, and the controversial decision to scrap the extension of the western congestion zone.

Despite rulings from the Information Commissioner's Office in November 2009 and an appeal heard by the First-tier Tribunal in May 2010 instructing the government the government to release all related documents, the government has continued to refuse to make the information public.

In the most recent appeal hearing, government lawyers said the information was covered by "legal advice privilege and litigation privilege", prompting speculation the secret documents relate to official warnings from the EU that it will pursue legal action against the UK if it fails to comply with air quality standards for particulate matter.

Speaking to BusinessGreen, Simon Birkett, founder and director of the Clean Air in London, said that if the documents do reveal weaknesses in the government's defence against EU legal action it could increase pressure on the coalition to adopt fresh measures to tackle air pollution in the capital.

"That would provide a big boost to green businesses that invested in green cars or technologies on the understanding these laws would be complied with only to see them openly flouted," he said.

London mayor Boris Johnson has been repeatedly attacked by critics for failing to adequately respond to EU warnings over London air quality and relaxing measures designed to tackle air pollution – such as axing the western extension of the congestion charge zone.