Caroline Johnson MP: speeches

Speeches

• 28 Jan 2025 · Tobacco and Vapes Bill (Fourteenth sitting) · Hansard source

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  My understanding is that the industry, in the same way that it in the past marketed filters as a way of making things less harmful, when in actual fact the microplastics may have made them more harmful, may have advertised heated tobacco as a way of saying, “You’re not smoking it, so it’s not as bad for you.” It is not therefore a recommended quit aid, but a way for the industry to try to maintain its market.

• 28 Jan 2025 · Tobacco and Vapes Bill (Fourteenth sitting) · Hansard source

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  Clause 138 relates to no-smoking signs in England and amends section 6 of the Health Act 2006, setting out that whoever occupies or manages no-smoking premises must ensure that the relevant no-smoking signs are displayed in or near the premises—which is, of course, very sensible. We talked earlier about the importance of people understanding what the law is and where they can and cannot smoke. The clause allows the Secretary of State to make regulations further to the no-smoking signs. That is sensible for outdoor spaces, but does the Minister have information on how the regulations will define the size and edges of those spaces, and on the cost to industry and local councils of providing signage?

• 28 Jan 2025 · Tobacco and Vapes Bill (Fourteenth sitting) · Hansard source

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  I thank the Minister for setting out what the clauses do, which is, essentially, to provide for smoke-free places in England. Clause 136 introduces changes to the Health Act 2006, and specifically updates provisions regarding smoke-free places in England to allow for the addition of smoke-free areas beyond those already designated under existing law. It empowers the Secretary of State to extend smoke-free regulations to more places—and, I would argue, to essentially any place—with the aim of reducing exposure to second-hand smoke and promoting public health. Although it clearly is the Government’s intention to use these powers to improve public health, they are very wide-ranging. As far as I can see, the clauses give the Secretary of State carte blanche to extend the smoke-free legislation to any place without needing a reason, because the Government did not accept our amendment that it should only apply to places that have a significant risk of actually having any smoke. I understand that the measures allow for greater flexibility, but I would be interested in the Minister’s reasons for the wide-ranging scope. The Minister has said that he wants to focus on three areas: hospitals, children’s playgrounds and educational settings, and I believe that that is his intention. Unfortunately, over time, that may not be the intention of the rest of his Government, which is a risk for the Committee in allowing these measures to stand. The Welsh have banned smoking on hospital sites. We heard in our evidence that compliance regarding playgrounds has been very good but that compliance around hospitals has been relatively poor. Does the Minister have any figures to add to that evidence about compliance in Wales? That could be the number of people who have been prosecuted or convicted of such an offence, or surveys from hospital trust leaders on the prevalence in their site, accepting that not all people will necessarily be caught or prosecuted. If we are to be successful, it is not simply enough to write laws in Westminster; there has to be a practical application in the real world. Has the Minister had any conversations with his Welsh counterparts on the perceived reasons why the law on hospitals in Wales has been followed less well than it has been in other areas, so that we can understand why? The Bill states in proposed new section 4(2) of the Health Act 2006—this is interesting terminology—that if “the place is used as a place of work or open to the public only some of the time the regulations must provide for it to be smoke-free only when so used.” That means that if a place is used for the public only some of the time, it can only be a smoke-free place during the time that it is in use. That could lead to a whole queue of people standing outside a hospital. If it were, say, a community diagnostic centre, so it is not open around the clock, or a GP practice, we could have people smoking outside just as people arrive for work in the morning and as the first patients arrive, which would be somewhat counterproductive to the aims of the Bill. I wonder whether the word “must” would be better off as “should” or “could”, or perhaps we could allow leeway either side for hospitals or schools that are open from a set time. If a school opens at 8.45 am for the children to arrive, when is it officially open and when can people be expected to stop smoking outside it? It seems to me that the risk for children is that people are smoking as they arrive at school, and some children may arrive just before it opens. I remember standing outside the school with my son, waiting for the doors to open before I went to work. This particular question is important. It is sensible that if somewhere is closed and private most of the time, it would not have to be smoke-free except when it is open. However, some thought needs to be given to the detail of that and how it would apply in practice to places that are insufficiently open. The regulations can also be tailored to different situations. The Bill states that the smoke-free designations can be applied to certain “places or vehicles”, in specific circumstances at particular times or if certain conditions are met. That flexibility ensures that the regulations can address a variety of scenarios and settings, including potentially temporary or conditional restrictions based on factors such as the type of location or event. The regulations also have the option to include exceptions, such as allowing areas within designated smoke-free places to be designated as non-smoke-free, based on the discretion of the person responsible for the area. That would potentially undermine the principle of the Bill, so I would be interested to hear more about that. Before implementing any new regulations to designate additional smoke-free places, the Secretary of State “must consult” relevant individuals or groups, which again seems sensible. I would appreciate clarification from the Minister on the definition outlined in proposed new section (4)(1), which allows the Secretary of State to designate “any place in England” as smoke-free if it meets the criteria of being “a workplace” or “open to the public”. But “any place” is very broad and could be interpreted to include beaches or open-air public festivals. Does the Minister intend to include other places open to the public within the remit of this legislation, such as public woodlands or national parks? Has he spoken to his counterparts in Scotland about the areas that are subject to the right to roam, and therefore open to the public to some extent? That includes, for example, public footpaths and rights of way through farmland. Could the very remotest piece of land in the United Kingdom be designated smoke-free and subject to legal repercussions thereof, if it were also open to the public? I want to ask whether the enforcement of such broad measures would be feasible. If every public space, regardless of size, location or usage, was subject to a smoking ban, would it be realistic for local authorities or enforcement officers to monitor compliance across such vast and varied spaces? In the modern day and with the change in working practices since covid, what counts as a workplace? In the age of working from home, can private homes count as workplaces? If a man sits down with his computer to work on a park bench, as is sometimes done, is that a workplace? If someone is working in an open area on the beach—we have heard that some people apparently do—does that make it a workplace? Does that place alternate between being smoke-free and non-smoke-free, depending on whether the man is typing away on his computer, or whether he is having a little break for a cup of tea? Our hypothetical al fresco worker could be hashing out his latest policy report, but he could also be having a little break to play solitaire or chess. Would that count as working or slacking? Would that then be a workplace or not? Would the police officer attending the scene have to check that the man is working before issuing a fine to nearby smokers? I suppose playing computer chess could count as work if the man were a professional chess player—perhaps he is. How would the offending smoker or the police officer know what the person near them is doing? These are somewhat colourful hypotheticals, but I hope I have demonstrated that the clause does throw up a great deal of colourful hypotheticals. For the sake of the Bill’s integrity, I would appreciate clarity from the Minister on the terms used in the clause. Furthermore, I would appreciate clarification on how we designate the physical borders of a smoke-free area. With three children, I have been to a fair number of playgrounds. Some playgrounds have physical barriers around them, often some sort of knee-high fencing, making it easy to say where the physical borders of the playground are. But some do not—some are play areas within a park where there is no clear boundary between where the play equipment is and the rest of the park. Does that make the rest of the park a playground or not, and where would the edges be? Given the seriousness of the offence and the significance of the penalties, the Government should ensure that reasonable steps are taken so that people know when they are violating the law. In this case, will physical markers need to be built around every smoke-free area to ensure that smokers know exactly when they enter one? I can think of many village playgrounds local to me where there is no such marking. Has the Minister considered the cost of providing barriers or markings to ensure that people know where the boundary is? The nature of second-hand smoke throws up another issue. The Minister well knows that the smoker need not be physically present in the smoke-free area for the effects of second-hand smoke to be felt in one. How does the clause propose to seek to address that scenario? If a park is designated smoke-free, and is or is not barriered, but someone is sat there smoking, watching her children play—she wants to be reasonably close to them so she can keep an eye on them, protect them and keep them safe—would she be violating the smoke-free area if her cigarette smoke wafts beyond the bounds of the park? What if the wind blows the other way? Would that then be legal? Are the mother’s actions based entirely on which way the wind happens to blow? The principle behind the clause is very sensible: smoking is dangerous, passive smoking is a danger to others, and people—particularly children—should not be forced to breathe in other people’s smoke. But the enforcement of this clause requires it to be made very clear what people should and should not do, and where they should and should not do it. I am not entirely sure that the clause is clear enough on that.

• 28 Jan 2025 · Tobacco and Vapes Bill (Fourteenth sitting) · Hansard source

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  I appreciate that we do not agree on the point about vape-free places, but the argument that they will make people smoke seems to be based on the premise that if someone cannot have a vape in their office, they will pick up a cigarette. They cannot pick up a cigarette in their office either. If, as has been suggested, there is congruity between smoking and vaping, how is it that a person who cannot smoke or vape in a place will then decide to smoke when they go outside to an area that is not designated as smoke-free?

• 28 Jan 2025 · Tobacco and Vapes Bill (Fourteenth sitting) · Hansard source

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  I remain a bit confused. On the one hand, the Minister has been very clear: no consultation on hospitality areas. On the other, he has been clear that consultation will occur on play areas. Fair enough. He then said that play areas in hospitality will be discussed as part of the consultation. In that case, how can he be discussing play areas in hospitality but not be discussing hospitality? I am completely confused by that.

• 28 Jan 2025 · Tobacco and Vapes Bill (Fourteenth sitting) · Hansard source

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  I beg to move amendment 84, in clause 136, page 77, line 33, at end insert— “(3A) In section 7 (Offence of smoking in smoke-free place)— (a) in subsection (6), at end insert ‘, save if it is a first offence.’ (b) after subsection (6) insert— ‘(6A) A person who has admitted guilt of a first offence under this section is liable to a fine not exceeding level 3 on the standard scale or a caution.’ (3B) In section 8 (Offence of failing to prevent smoking in smoke-free place)— (a) in subsection (7), at end insert ‘, save if it is a first offence.’ (b) after subsection (7) insert— ‘(7A) A person who has admitted guilt of a first offence under this section is liable to a fine not exceeding level 3 on the standard scale or a caution.’” This amendment prevents penalties for a first offence under sections 136 (pertaining to smoke-free area restrictions in England) being beyond a fine of level 3 and provides for a discretionary caution.

• 28 Jan 2025 · Tobacco and Vapes Bill (Fourteenth sitting) · Hansard source

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  I do not seek to weaken the Bill or its enforcement. I wish to see the Bill be successful in stopping people smoking and vaping, particularly our young people, and I wish to see people who are repeatedly flouting the law in this way treated appropriately. However, I am keen to understand whether the Minister feels there is enough flexibility to deal with offenders appropriately, particularly if it is an inadvertent first offence.

• 28 Jan 2025 · Tobacco and Vapes Bill (Fourteenth sitting) · Hansard source

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  Surely the alternative is asking people to vape elsewhere, although they would be exposing non-vapers and non-smokers—perhaps with clinical vulnerabilities, or perhaps children—to their vapes instead.

• 28 Jan 2025 · Tobacco and Vapes Bill (Fourteenth sitting) · Hansard source

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  Although I disagree with my hon. Friend on the principle of vape-free places, he is making a reasonable point about the enforcement and congruity with smoke-free areas. If there is not congruity with smoke-free areas, this legislation will be more difficult to enforce, because people will not know which is which and it will lead to more inadvertent errors. He also talks about the idea of vape-free areas being less important because vaping is potentially less harmful, but we do not know that.

• 28 Jan 2025 · Tobacco and Vapes Bill (Thirteenth sitting) · Hansard source

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  He is supporting it, but the Minister asked why my hon. Friend did not include things in it. The answer is that he did not write it. The amendments were written by others, one by the Liberal Democrats, and supported by him, which is not the same thing. The Minister will no doubt have caused concern for the people in hospitality industries in Wales, Northern Ireland and Scotland who are following proceedings today. Could he tell the Committee a bit about the discussions he has had with his counterparts? Have any of them indicated to him their intent regarding hospitality areas in their designated parts of the United Kingdom?

• 28 Jan 2025 · Tobacco and Vapes Bill (Thirteenth sitting) · Hansard source

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  I know my hon. Friend is very interested in AI. I am sure that if it is possible to do so, these industries will use any means available to them to maintain their market. The clause extends the regulations from tobacco to cover all vaping products, herbal smoking products, cigarette papers and nicotine products. Given my concerns about children and vaping and the use of nicotine, I think this is a sensible measure, which I support.

• 28 Jan 2025 · Tobacco and Vapes Bill (Thirteenth sitting) · Hansard source

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  I thank the Minister for giving way, although I would point out that it was not my hon. Friend the Member for Farnham and Bordon’s amendment at all.

• 28 Jan 2025 · Tobacco and Vapes Bill (Thirteenth sitting) · Hansard source

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  The clause outlines the responsibilities and jurisdictions of enforcement authorities tasked with ensuring compliance with part 6, which covers advertising and sponsorship. Subsection (1) establishes that the enforcement authorities are legally bound to enforce the provisions of the Bill, and subsection (2) contains the definition of an “enforcement authority”. All that sounds very straightforward and sensible, but my question is about funding. If the weights and measures authorities are given an obligation to enforce something but not given the resources to enforce it, they are being given a legal obligation with which they have not got the resources to comply. Paragraphs 613 and 614 of the impact assessment state that the average trading standards service, of which there are 197, has 9.4 full-time equivalent professionally qualified staff. It is assumed that all those staff would need to be familiarised with the policies and all the various regulations once they are passed through Parliament. We have talked about the amount of regulations that will be created under the Bill; staff will need to be trained in all that. In 2024, the cost of such training was estimated at £23,137, but given that the Bill will not come into force until later—we are in 2025 now—that is a moot point. How much does the Minister think training will cost once all the regulations are up and running? Clause after clause of the Bill provides for regulations to be made, which may be done in one go or several, repeating the need for training. The impact assessment also talks about the cost of training for the Advertising Standards Authority, estimating it to be £1,945. If it costs that to train all the staff from the ASA on a given topic, it suggests the rest of the public sector’s training could definitely be made more efficient. I suggest that the Minister has a chat with the Chancellor about it—I believe she is looking for ways to make the country more efficient, which she has done so far by making businesses not exist—as it seems a little out of kilter, although I was not sure whether it was a dot or a comma. The impact assessment also measures what it believes Ofcom would need to enforce the training under the new measures. It estimates £3,500 for the staff there, but again, does the Minister think that is realistic? Clause 130 is about the power of Ministers to take over enforcement functions in a specific case. We have talked at some length in previous debates about the potential for abuse of power in such measures. Clause 131, similarly, is about the power of Ministers to take over proceedings as part of the enforcement functions in respect of a specific case. Again, while I can understand the Minister’s desire to be able to take over from a weights and measures authority as a whole if there were to be a problem with the way it was functioning in a specific case, can he give assurances that there would not be any abuse of power in that respect?

• 28 Jan 2025 · Tobacco and Vapes Bill (Thirteenth sitting) · Hansard source

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  The Minister is being generous with his time. He knows my thoughts on smoking and vaping, particularly in relation to children, and how important I think creating a smoke-free and nicotine-free generation is—although he does not share the second part. He is talking about how the Secretary of State needs to be able to move with the evidence. I completely and utterly agree with that, but the clause says that there is a significant risk that without designation, persons present will be exposed to significant quantities of smoke. I support the addition of the smoke-free legislation for spaces like playgrounds. If a playground were to be included, the Secretary of State could quite easily justify that by saying that even seeing someone smoking would encourage children to smoke, particularly if it is their parents, and that therefore it is a sensible action to take. The words—drafted, I believe by the Minister’s predecessors—are “exposure to significant quantities”. “Exposure” does not necessarily mean breathing it in; children could be seeing it across the playground. “Significant quantities” does not necessarily mean a quantity enough to do them harm. If they cannot see it, they are not being exposed to it and it is not doing them harm, why would we want to stop it happening?

• 28 Jan 2025 · Tobacco and Vapes Bill (Thirteenth sitting) · Hansard source

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  I support the clauses too, although I have a couple of questions. I hope the Minister will be so kind as to answer them. Clause 126 outlines that part 6 does not apply to independent television or radio services, services provided by the BBC or Sianel Pedwar Cymru, on-demand programme services, or non-UK on-demand programme services that are tier 1 services as defined in the Communications Act 2003. Essentially, they will be covered by Ofcom. Paragraphs (a) and (b) specify exclusions for independent television and radio services regulated by Ofcom, provided they are not classified as additional services. Will the Minister clarify how additional television services and digital additional sound services are defined in practice, and what criteria will be used to classify services at the margins of those categories? The clause exempts services that are defined as on- demand services under section 368A of the Communications Act from provisions of the Bill. In the rapidly evolving digital media landscape, does the Minister believe that the definition of an on-demand programme service is sufficiently clear to encompass emerging service models? Given the rapid growth of online platform streaming services and the desire he previously expressed to future-proof the bill, does he foresee current exclusions in clause 126 remaining relevant in the future? Should how these platforms, whether UK or non-UK based, are regulated be reconsidered, to ensure they adhere to the same standards as traditional broadcast media in relation to tobacco and vapes while being viewed in the UK? We keep coming to this point—how online services can be used to circumvent measures of the Bill.

• 28 Jan 2025 · Tobacco and Vapes Bill (Thirteenth sitting) · Hansard source

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  I was merely giving examples.

• 28 Jan 2025 · Tobacco and Vapes Bill (Thirteenth sitting) · Hansard source

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  The Minister is suggesting that to be able to restrict access to these products in prisons, he needs to have a wide scope within clause 136. Given that prisons are already smoke-free areas, that surely cannot be the case.

• 28 Jan 2025 · Tobacco and Vapes Bill (Thirteenth sitting) · Hansard source

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  The Minister is making a reasonable point. However, the evidence can change on what constitutes a significant amount of smoke—in the past, people may have believed that someone had to be smoking in order to come to harm and then that someone could also come to harm in an enclosed indoor environment with someone smoking. It may be that the evidence now shows that even being in proximity to someone smoking outdoors—the fact that you can smell it means you are breathing it in—means you are coming to harm on some level. But does the amendment not account for that with the word “significant”? Amendment 94 says: “if in the Secretary of State’s opinion there is a significant risk that, without a designation, persons present there would be exposed to significant quantities of smoke.” A significant quantity of smoke may in the past have been considered to be quite a high volume, but now might be a much lower volume. The flexibility the Minister is seeking is already provided for in the amendment.

• 28 Jan 2025 · Tobacco and Vapes Bill (Thirteenth sitting) · Hansard source

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  I thank the Minister for making those interesting points. Can he clarify whether powers such as those enacted in Enfield create a criminal offence?

• 28 Jan 2025 · Tobacco and Vapes Bill (Thirteenth sitting) · Hansard source

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  I thank the hon. Member for Dartford for clearly laying out what he seeks to do. I understand that his desire to see a healthy population is driving his good intentions behind this amendment, but I have some concerns. We are creating an offence of smoking in specific places: that requires buy-in from the public, because we police with consent, and the public need that knowledge. I visit Newcastle a reasonable amount, and I did not know that there was a rule banning smoking on park benches. I do not smoke, so it did not apply to me in any case, but it is conceivable that others are not aware that Newcastle has local rules. I am concerned about the consistency of such measures and about people’s awareness of where it is possible to do something; otherwise, we will create criminal offences and fine people large amounts of money for doing something they had no reason to prevent themselves from doing because they had no way of knowing. The Government are also in the midst of reorganising —or trying to reorganise—all the local authorities; if local authorities are going to make such decisions and then be reorganised, that could further add to complexity and confusion for the public. For people who smoke, we want to limit the harms to their health and ensure they have the opportunity to quit or to minimise those harms. Not everybody has a garden or outside space of their own. If they live in a flat and are a smoker, only being able to smoke in that flat because all the outside spaces are gone will increase the dangers to them, for health and for other reasons. My personal opinion is that these laws, or at least the principle of which spaces may and may not count, should be made nationally—even if there is some local guidance to be followed. That is why we will come to the principle of which sort of spaces, because at the moment it is any space. It is conceivable therefore that, under the hon. Gentleman’s amendment, a group of local councils could decide to make all outdoor spaces of all kinds smoke-free. While I would find that desirable as a non-smoker, it would not be good for the overall health of the 11% of people who do smoke.

• 28 Jan 2025 · Tobacco and Vapes Bill (Thirteenth sitting) · Hansard source

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  My question was not simply how trading standards will use the money allocated, but whether the Minister feels that the money he has allocated is adequately purposed?

• 28 Jan 2025 · Tobacco and Vapes Bill (Thirteenth sitting) · Hansard source

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  I thank the hon. Gentleman for his clear explanation of what he wishes to achieve. I have great sympathy with it, because nobody wants to see people making their health worse by smoking in a car. However, his statistics are quite interesting. He said that 9% of children find themselves on a regular basis in a car where someone is smoking, yet the Minister has said already this morning that 11% of people smoke. Given that not all of the 11% of people who smoke have children with whom they travel in a car, that implies that the measure is pretty badly enforced and badly adhered to at the moment. He might argue that a complete ban in all vehicles would make it more uniform and easier to enforce, but I am not sure that that is the case. I will be interested to hear from the Minister when he responds to the amendment whether he has any information or statistics on the number of prosecutions that have occurred under the current legislation. I support the legislation that prevents someone from smoking in a car with children, and I would support an extension of that to include vaping and other nicotine products. I would also support a ban on people smoking while driving; if someone is holding a lit cigarette in their hand, that will have an impact on their ability to manoeuvre the car, particularly in an emergency situation. Essentially the hon. Member is proposing to say to someone in a parked-up vehicle, perhaps in someone’s drive, “Although you are in a private space, you are not able to smoke.” I understand what he said about no smoker wanting to hurt someone—I am sure that is true—but I cannot imagine that there is any adult smoker that does not realise that smoking in a car with children is bad for the children. I find it very difficult to believe that that would be the case. I invite him to consider whether he is trying to prevent what is a legal activity—even under this Bill, if someone is the right age—in a private space that is theirs and theirs alone?

• 28 Jan 2025 · Tobacco and Vapes Bill (Thirteenth sitting) · Hansard source

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  I doubt whether the Minister has provided a huge amount of reassurance to the hospitality sectors in those jurisdictions. I want to pick up on a point made by the hon. Member for Cardiff West in his intervention about prisons. As far as I can tell, closed prisons are smoke-free environments—that is already the case both inside and outside—but I understand that prisoners in closed prisons are allowed to vape, including in their cells, where they may be vaping near other prisoners who may not wish them to have that choice. We are depriving people of their liberty for good reason when sending them to prison, but we should not be exposing them to chemical vapour as part of that if they are not vapers themselves. Could the Minister talk to us about the discussions he has had with Justice Ministers about how provision is made for the public health of those currently in prison?

• 28 Jan 2025 · Tobacco and Vapes Bill (Thirteenth sitting) · Hansard source

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  I shall speak to amendments 95 and 94, which stand in my name. Amendment 95 is similar to the amendment moved by the hon. Member for Dartford a few minutes ago. Members will remember that earlier in the summer the Labour Government suggested that they would include hospitality venues within the scope of outside spaces, which led to pushback from a number of sources, mostly the hospitality industry. Speaking to Sky News on 5 November, the Secretary of State said that it was “a leak of a Government discussion”, but that it had promoted “a really good debate about whether or not it would be proportionate”. He then said: “I think people know that the UK hospitality industry has taken a battering in recent years—”. I agree with the Secretary of State on that. Covid-19 certainly challenged the hospitality industry. The previous Government supported it through business loans, reduced taxation and furlough schemes. Now, just as the industry is getting back on its feet, this Government have battered hospitality providers by raising national insurance contributions, increasing the minimum wage for young people, increasing business rates, introducing the deposit return scheme, and nearly doubling business rates for small businesses. They are indeed taking a battering; we can agree on that. In that Sky News interview, the Secretary of State also said: “we do not want to add to their pressures, so we are not proposing to go ahead with an outdoor hospitality ban at this time”. That was in November, but does he still mean it now? How will we know? The challenge of this clause is trust. The Prime Minister has talked about trust. Before the general election, the current Secretary of State for Environment, Food and Rural Affairs said, at the Country Land and Business Association conference, that Labour had no intention of changing the rules on agricultural property relief—but they have. The Government’s manifesto said that they would not increase national insurance on working people —but they have. On 11 June, Rachel Reeves told the Financial Times that she had no plans to increase capital gains tax—but she did. Labour said that it would not make changes to pensioner benefits, but then removed the winter fuel allowance. So there is no trusting that this Government will do what they say they are going to do and not do what they explicitly say they will not. I hope the Minister understands my reasoning. It is interesting that the Liberal Democrats have a similar amendment to the Conservative amendment on this topic. As I said before, people need some form of open space and not everyone has a garden. There is some confusion about hospitality venues. For example, some pubs have a kids’ play area; will that be treated as a play area within the scope of the regulations, or will it be a hospitality area? Under the current statement, the Secretary of State will not include play areas, but the powers under the clause, which we will come to as a whole, give wide scope for the Minister and the Secretary of State to designate virtually anywhere as smoke-free, with criminal sanction for those smoking or vaping. The Minister and the Secretary of State have said that their only intention is to use these policies for NHS properties, hospital buildings, children’s play areas and education facilities. This being the case, I cannot see why the Minister would not be happy to have that on the face of the Bill. It is the stated intent. I am sure the Government will understand my point about trust. There are a few minor differences between the Liberal Democrat amendment 4 and the Conservative amendment, mainly in that the Conservative amendment includes nurseries and the Liberal Democrat amendment defines play areas and playgrounds, as opposed to simply playgrounds. These are relatively small differences other than the addition of nurseries, which is beneficial that is where the smallest children are. Clearly smoking in a nursery school is an antisocial behaviour, so it would make sense for them to be included. Amendment 94 states that: “The Secretary of State may designate a place or description of place under this section only if in the Secretary of State's opinion there is a significant risk that, without a designation, persons present there would be exposed to significant quantities of smoke.” The Health Act 2006 states that the Secretary of State has to be clear, in his own mind, that there is a risk of high levels of smoke if he is going to ban smoking, so it is a measure of proportionality. Smoking in an outdoor space, miles from anywhere with nobody about, exposes no one but the smoker, making it slightly safer to smoke outside than inside for both the smoker and the people around them. Why did the Minister choose to remove the “significant smoke” measure from the legislation? Does he feel that there is no significant amount of smoke to be inhaled by somebody who is in an outdoor space with somebody else? What is the chief medical officer’s advice on the amount of smoke that is likely to be inhaled by someone in an outdoor space alongside or nearby someone who is smoking? I understand that there will be a duration issue—how long the person is sat there, how long the smoker is smoking for and how many cigarettes they have, how close the person is and how windy it is—but will the Minister explain why he chose to remove that measure?

• 28 Jan 2025 · Tobacco and Vapes Bill (Thirteenth sitting) · Hansard source

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  My question was not so much about the enforcement, which is defined in the Bill as the local weights and measures authority. Amendment 11 says that a local authority may make byelaws. The local authority that may make these byelaws includes the whole range of county councils, district councils and combined authorities, implying that, whoever is enforcing it, those that could make a byelaw could overlap and have contrary views.