rs1101402.347-353

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

347

House of Commons

Tuesday 14th February 2006

Report Stage Proceedings

Health Bill, As Amended

New ClauseS RELATING TO PART 1 AND TO THE AGE FOR SALE OF TOBACCO

Smoke-free premises: exemptions

Ms Secretary Hewitt

Mr Greg Knight

Mr David Clelland [R]

Mr Doug Henderson

Read a second time, on division  nc5

To move the following Clause:—

‘(1)
The appropriate national authority may make regulations providing for specified

descriptions of premises, or specified areas within specified descriptions of

premises, not to be smoke-free despite section 2.

(2)
Descriptions of premises which may be specified under subsection (1) include, in
5
particular—

(a)
any premises where a person has his home, or is living whether

permanently or temporarily (including hotels, care homes, and prisons

and other places where a person may be detained),

(b)
except as mentioned in subsection (5), any premises in respect of which
10
a club premises certificate (within the meaning of section 60 of the

Licensing Act 2003 (c. 17)) has effect.

(3)
The power to make regulations under subsection (1) is not exercisable so as to

specify any description of premises in respect of which a premises licence under

the Licensing Act 2003 (c. 17) authorising the consumption of alcohol on the
15
premises has effect.

(4)
But subsection (3) does not prevent the exercise of that power so as to specify any

area, within a specified description of premises mentioned in subsection (3),

where a person has his home, or is living whether permanently or temporarily.

(5)
If both a club premises certificate and a premises licence authorising the
20
consumption of alcohol on the premises have effect in respect of any premises,

those premises are to be treated for the purposes of this section as if only the

premises licence had effect in respect of them.

(6)
The regulations may provide, in relation to any description of premises or areas

of premises specified in the regulations, that the premises or areas are not smoke-
25
free—

Report Stage Proceedings: 14th February 2006
348

Health Bill, continued

(a)
in specified circumstances,

(b)
if specified conditions are satisfied, or

(c)
at specified times,


or any combination of those.
30
(7)
The conditions may include conditions requiring the designation in accordance

with the regulations, by the person in charge of the premises, of any rooms in

which smoking is to be permitted.’.

As Amendments to Ms Secretary Hewitt’s proposed New Clause (Smoke-free

premises: exemptions) (NC5):—

Caroline Flint

Hugh Bayley

Mr Kevin Barron

Mr John Grogan

Mr Paul Burstow

Agreed to on division  (a)

Line  9,  leave out paragraph (b).

Mr Andrew Lansley

Dr Andrew Murrison

Mr Crispin Blunt

Not called  (j)

Line  11,  at end insert—

‘(c)
premises of specialist tobacconists, as defined in section 6 of the Tobacco

Advertising and Promotion Act 2002 (c. 36).’.

Caroline Flint

Hugh Bayley

Mr Paul Burstow

Mr Kevin Barron

Mr John Grogan

Agreed to  (b)

Line  13,  after first ‘of’ insert ‘(a)’.

Caroline Flint

Hugh Bayley

Mr Paul Burstow

Mr Kevin Barron

Mr John Grogan

Agreed to  (c)

Line  15,  at end insert—

‘(b)
premises in respect of which a club premises certificate (within the

meaning of section 60 of that Act) has effect.’.

Caroline Flint

Hugh Bayley

Mr Paul Burstow

Mr Kevin Barron

Mr John Grogan

Agreed to  (d)

Line  19,  leave out subsection (5).

Report Stage Proceedings: 14th February 2006
349

Health Bill, continued

Mr Andrew Lansley

Dr Andrew Murrison

Mr Crispin Blunt

Not called  (i)

Line  29,  at end insert—

‘( )
Regulations made under subsection (1) shall not provide for premises or areas of

premises in respect of which a club premises certificate has effect if they are

premises or areas of premises open to the public to which children have access.’.

Dr Tony Wright

Not called  (g)

Line  30,  after second ‘conditions’, insert ‘(a)’.

Dr Tony Wright

Not called  (h)

Line  32,  at end add—

‘(b)
requiring the physical segregation of rooms where smoking is permitted

from those where it is not;

(c)
stipulating what food or drink may be consumed in any rooms where

smoking is permitted; and

(d)
requiring all staff who enter such rooms to do so only on a voluntary

basis.’.

Clause, as amended, added on division.

Power to amend age for sale of tobacco etc

Ms Secretary Hewitt

Added  nc6

To move the following Clause:—

‘(1)
The Secretary of State may from time to time by order amend the following

enactments by substituting, in each place where a person’s age is specified, a

different age specified in the order—

(a)
section 7 of the Children and Young Persons Act 1933 (c. 12) (sale of

tobacco etc to persons under 16),

(b)
section 4 of the Children and Young Persons (Protection from Tobacco)

Act 1991 (c. 23) (display of warning statements in retail premises and on

vending machines).

(2)
But the age specified in an order under subsection (1) may not be lower than 16.’.

Report Stage Proceedings: 14th February 2006
350

Health Bill, continued

Age of purchase of tobacco products

Mr Andrew Lansley

Dr Andrew Murrison

Mr Crispin Blunt

Not called  NC4

To move the following Clause:—

‘(1)
The appropriate national authority may issue regulations modifying the Children

and Young Persons (Protection from Tobacco) Act 1991 (c. 23) so as to substitute

for the age specified in any of its provisions such other higher age or ages as they

consider appropriate.

(2)
In section 1 of the Children and Young Persons Act 1933 (c. 12) leave out “of

sixteen years” and insert “specified by regulations under the Health Act 2006

(c. )”.’.

Mr Eric Forth

Philip Davies

Mr Roger Gale

Not called  8

Page  1,  line  1,  leave out clauses 1 to 12.

Ms Secretary Hewitt

Agreed to  18

Page  2,  line  25  [Clause  2],  leave out ‘Section 3’ and insert ‘Section (Smoke-free

premises: exemptions)’.

Ms Secretary Hewitt

Agreed to  19

Page  2,  line  30,  leave out Clause 3.

Mr Laurence Robertson

Philip Davies

James Duddridge

Mr Mark Field

Not called  36

Page  2,  line  31  [Clause  3],  leave out subsections (1) to (4) and insert—

‘( )
Despite section 2, the following descriptions of premises, may not be smoke-

free—

(a)
premises where a person has his home, or is living whether permanently

or temporarily;

(b)
licensed premises;

(c)
premises in respect of which a club premises certificate is in force.’.

John Hemming

Not called  10

Page  2,  line  33  [Clause  3],  at end insert—

Report Stage Proceedings: 14th February 2006
351

Health Bill, continued

‘(1A)
The regulations may provide for local authorities to licence designated rooms in

which smoking is to be permitted under appropriate conditions.’.

Mr Christopher Chope

Mr Eric Forth

Not called  5

Page  2,  line  37  [Clause  3],  leave out from ‘hotels’ to end of line 38 and insert ‘and

care homes, but not including prisons)’.

Mr Robert N. Wareing

John Cummings

Mr Eric Forth

Not called  27

Page  2,  line  38  [Clause  3],  at end insert—

‘( )
premises in respect of which there are designated areas in which smoking

is to be permitted.’.

Mr Christopher Chope

Mr Eric Forth

Mr Andrew Lansley

Dr Andrew Murrison

Mr Crispin Blunt

Not called  6

Page  4,  line  3  [Clause  5],  at end insert—

‘(c)
any private motor vehicle not available for hire or reward.

(d)
any occupant of a private motor vehicle not available for hire or reward.’.

Ms Secretary Hewitt

Agreed to  20

Page  5,  line  31  [Clause  7],  leave out ‘3’ and insert ‘(Smoke-free premises:

exemptions)’.

Ms Secretary Hewitt

Agreed to  24

Page  6,  line  3  [Clause  8],  after ‘section’ insert ‘6(5) or’.

Ms Secretary Hewitt
Agreed to

That Clause No. 8 be transferred to end of line 38 on page 6.

Report Stage Proceedings: 14th February 2006
352

Health Bill, continued

remaining new clauses

Enforcement

Ms Secretary Hewitt

Added  NC7

To move the following Clause:—

‘(1)
In section 108 of the Medicines Act 1968 (c. 67) (enforcement in England and

Wales)—

(a)
in subsection (1), at the beginning insert “Subject to the provisions of

subsection (6C) of this section,”,

(b)
after subsection (6) insert—

“(6A)
The Pharmaceutical Society shall be under a duty, concurrently

with the appropriate Minister, to enforce the provisions of

subsections (4) and (5) of section 72A of this Act in their

application to England and Wales.

(6B)
The Pharmaceutical Society shall be under a duty to enforce the

other provisions of section 72A of this Act, and any regulations

made under them, in their application to England and Wales.

(6C)
The appropriate Minister shall be under no duty to enforce those

other provisions, or any regulations made under them, in their

application to England and Wales.

(6D)
Notwithstanding subsection (6C) of this section the appropriate

Minister is to be treated for the purposes of sections 111 to 114

of this Act—

(a)
as empowered by this section to enforce those other

provisions, or any regulations made under them, in their

application to England and Wales, and

(b)
to that extent as an enforcement authority in relation to

those other provisions or those regulations in their

application to England and Wales.”,

(c)
in subsection (9)(a), after “hospital” insert “(except in relation to so much

of the hospital premises as is a registered pharmacy)”,

(d)
in subsection (10), for “(4) to (8)” substitute “(4) to (6A), (7) and (8)”.

(2)
In section 109 of the Medicines Act 1968 (c. 67) (enforcement in Scotland), in

subsection (1), at the beginning insert “Subject to the provisions of section

108(6C) of this Act as applied by subsection (2) of this section,”.

(3)
In section 110 of the Medicines Act 1968 (c. 67) (enforcement in Northern

Ireland)—

(a)
in subsection (1), for “subsection (4)” substitute “subsections (3C) and

(4)”,

(b)
after subsection (3) insert—

“(3A)
The Pharmaceutical Society shall be under a duty, concurrently

with the Minister, to enforce the provisions of subsections (4)

and (5) of section 72A of this Act in their application to Northern

Ireland.

Report Stage Proceedings: 14th February 2006
353

Health Bill, continued

(3B)
The Pharmaceutical Society shall be under a duty to enforce the

other provisions of section 72A of this Act, and any regulations

made under them, in their application to Northern Ireland.

(3C)
The Minister shall be under no duty to enforce those other

provisions, or any regulations made under them, in their

application to Northern Ireland.

(3D)
Notwithstanding subsection (3C) of this section the Minister is to

be treated for the purposes of sections 111 to 114 of this Act—

(a)
as empowered by this section to enforce those other

provisions, or any regulations made under them, in their

application to Northern Ireland, and

(b)
to that extent as an enforcement authority in relation to

those other provisions or those regulations in their

application to Northern Ireland.”,

(c)
in subsection (5)(a), for “and (3)” substitute “to (3D)”,

(d)
in subsection (5)(b), for “(4) to (8)” substitute “(4) to (6A), (7) and (8)”.’.

Breastfeeding etc.

Mr David Kidney

Annette Brooke

Not selected  nc1

To move the following Clause:—

‘(1)
Subject to subsection (2), it is an offence deliberately to prevent or stop a person

in charge of a child from feeding milk to that child in a public place or on licensed

premises.

(2)
Subsection (1) does not apply if the child, at the material time, is not lawfully

permitted to be in the public place or on the licensed premises otherwise than for

the purpose of being fed milk.

(3)
A person guilty of an offence under subsection (1) is liable on summary

conviction to a fine not exceeding level 4 on the standard scale.

(4)
In this section—

“child” means a person who has not yet attained the age of two years;

“feeding” includes—

(a)
breastfeeding; and

(b)
feeding from a bottle or other container;


“licensed premises” means premises used for licensable activity under Part III of

the Licensing Act 2003 (c. 17);

“milk” means breastmilk, cow’s milk or infant formula;

“public place” means any place to which, at the material time, the public or any

section of the public has access, on payment or otherwise, as of right or by virtue

of express or implied permission.’.