S.C.E.
Amendment Paper as at
Tuesday 6th December 2005
STANDING COMMITTEE E
New Amendments handed in are marked thus *
HEALTH BILL
NOTE
The Amendments have been arranged in accordance with the Resolution of the Programming Sub-Committee.
RESOLUTION OF THE PROGRAMMING SUB-COMMITTEE
The Programming Sub-Committee appointed by the Speaker in respect of the Bill agreed the following Resolution at its meeting on Thursday 1st December (Standing Order 83C):
That—
(1) during proceedings on the Health Bill the Standing Committee shall (in addition to its first meeting at 10.35 a.m. on Tuesday 6th December) meet—
| (a) | at 3.55 p.m. on Tuesday 6th December; |
| (b) | at 9.00 a.m. and 1.00 p.m. on Thursday 8th December; |
| (c) | at 10.35 a.m. and 3.55 p.m. on Tuesday 13th December; |
| (d) | at 9.00 a.m. and 1.00 p.m. on Thursday 15th December; |
| (e) | at 9.00 a.m. and 2.00 p.m. on Tuesday 20th December; |
| (f) | at 10.35 a.m. and 3.55 p.m. on Tuesday 10th January; |
(2) the proceedings shall be taken in the following order: Clauses 1 to 8; Schedule 1; Clauses 9 and 10; Schedule 2; Clauses 11 and 12; new Clauses and new Schedules relating to Part 1; Clauses 13 to 15; new Clauses and new Schedules relating to Part 2; Clauses 16 to 30; new Clauses and new Schedules relating to Part 3; Clauses 31 to 52; new Clauses and new Schedules relating to Part 4 (except new Clauses and new Schedules relating to the accounts of health service bodies and the auditing of such accounts); Clause 54; Schedule 4; Clause 55; Schedule 5; Clauses 56 and 57; Schedule 6; Clauses 58 to 66; Schedule 7; Clauses 67 and 68; new Clauses and new Schedules relating to Part 5; Clauses 69 to 71; new Clauses and new Schedules relating to Part 6; Clause 53; Schedule 3; new Clauses and new Schedules relating to the accounts of health service bodies and the auditing of such accounts; Clauses 72 to 76; Schedules 8 and 9; Clauses 77 to 80; remaining new Clauses and new Schedules; remaining proceedings on the Bill;
(3) the proceedings shall (so far as not previously concluded) be brought to a conclusion at 7.00 p.m. on Tuesday 10th January.
Caroline Flint has given notice of her intention to move a motion in the terms of the Resolution of the Programming Sub-Committee (Standing Order No. 83C).
Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt
65
Clause 1, page 2, line 2, at end add—
'(4) In this Part "smoking" does not refer to the inhalation of smoke from lit fires or candles.
(5) In this Part "smoking" does not include practices that do not give rise to the emission of smoke to the environment.'.
Steve Webb
Stephen Williams
40
Clause 2, page 2, line 17, at end insert 'provided that the part of the premises that is open to the public or (as the case may be) used as a place of work is segregated from the remaining premises to standards that the appropriate national authority may specify in regulations.'.
Steve Webb
Stephen Williams
41
Clause 2, page 2, line 21, at end insert 'provided that any area of premises which is more than one half enclosed shall not be defined other than as enclosed or substantially enclosed.'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt
69
Clause 2, page 2, line 21, at end insert 'having regard to the excess health risk conferred on an individual by virtue of the enclosure.'.
Steve Webb
Stephen Williams
42
Clause 2, page 2, line 22, leave out subsection (6).
Caroline Flint
75
*Clause 2, page 2, line 26, at end add—
'(8) The appropriate national authority shall make regulations providing for premises where a person has his home or is living permanently or temporarily (including care homes and prisons and other places where a person may be detained) not to be smoke-free.
(9) In making regulations under subsection (8) the appropriate national authority shall consult with organisations representing those enforcing theses provisions.'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt
66
Clause 2, page 2, line 26, leave out subsection (8).
Steve Webb
Stephen Williams
43
Page 2, line 27, leave out Clause 3.
Sir George Young
56
Clause 3, page 2, line 30, at end insert—
'( ) 'Regulations issued under this section shall be subject to the affirmative resolution procedure'.
Sir George Young
57
Clause 3, page 2, line 30, at end insert—
'( ) No regulations shall be made that permit any premises not to be smoke-free despite section 2 for more than two years from the date that such regulations come into force.'.
Andrew Mackinlay
36
Clause 3, page 2, line 31, leave out 'Examples of' and insert 'The only'.
Steve Webb
Stephen Williams
44
Clause 3, page 2, line 31, leave out from beginning of line to 'premises' in line 33 and insert 'specified premises may be only those'.
Sir George Young
74
Clause 3, page 2, line 31, leave out 'Examples of'.
Sir George Young
55
Clause 3, page 2, line 32, leave out 'the following' and insert 'paragraph (a)'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt
6
Clause 3, page 2, line 34, after 'hotels', insert 'hospitals'.
Andrew Mackinlay
Steve Webb
Stephen Williams
37
Clause 3, page 2, leave out lines 36 and 37.
Steve Webb
Stephen Williams
45
Clause 3, page 2, line 37, at end insert 'provided that no employee of such a club or of any business or organisation providing goods or services to that club shall enter any area of the club that is enclosed or substantially enclosed at any time that such premises are specified not to be smoke-free.'.
Sir George Young
58
Clause 3, page 2, line 37, at end insert 'provided that such premises or specific areas of such premises shall be smoke-free whenever any person, for whom they are a place of work, is present.'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt
67
Clause 3, page 2, line 37, at end insert—
| '(d) | HM ships and submarines'. |
Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt
35
Clause 3, page 2, line 40, at end insert—
'( ) Regulations made under subsection (1) shall not provide for premises or areas of premises not to be smoke-free if they are premises or areas of premises to which children have access.'.
Steve Webb
Stephen Williams
46
Clause 3, page 2, line 40, at end insert 'provided that any area of a premises that is provided as not smoke-free at any time shall not share floor space unsegregated by a wall or door with any area that is smoke-free at the same time.'.
Sir George Young
59
Clause 3, page 2, line 40, at end insert—
'(3A) The appropriate national authority shall certify, following consultation with the Health and Safety Commission and such persons as they consider appropriate, that any regulations made under this section require any person who controls or is concerned in the management of premises covered by such regulations properly to meet their obligations under sections 2 to 6 of the Health and Safety at Work Act etc. 1974 (c. 37).'.
Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt
Steve Webb
Stephen Williams
1
Clause 3, page 3, line 1, leave out paragraph (a).
Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt
7
Clause 3, page 3, line 5, at end insert—
| '( ) | in the case of any premises, conditions requiring the installation and operation of equipment capable of extracting smoke from the premises.'. |
Mr Andrew Lansley
Dr Andrew Murrison
Mr Crispin Blunt
34
Clause 3, page 3, line 5, at end insert—
| '(c) | in the case of retail premises, conditions requiring that the premises are held solely for the sale of specialist tobacco products and requisites.'. |
Steve Webb
Stephen Williams
47
Clause 3, page 3, line 5, at end insert—
| '(c) | in the case of any premises any requirements for the protection of employees and members of the public that shall be specified, forming part of an Approved Code of Practice issued by the Health and Safety Executive.'. |
Steve Webb
Stephen Williams
48
Clause 3, page 3, line 5, at end insert—
| '(c) | requirements for segregation of smoking and non-smoking areas, provision and maintenance of ventilation systems, and restrictions on deployment of staff in smoking areas.'. |
