(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 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 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 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-free
(a) in specified circumstances,
(b) if specified conditions are satisfied, or
(c) at specified times,
or any combination of those.
(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.'.[Ms Hewitt.]
Brought up, and read the First time.
The Secretary of State for Health (Ms Patricia Hewitt):
I beg to move, That the clause be read a Second time.
With this it will be convenient to discuss the following: Amendment (a), in line 9, leave out paragraph (b).
14 Feb 2006 : Column 1291
Amendment (j), in 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).'.
Amendment (b), in line 13, after first 'of' insert '(a)'.
Amendment (c), in 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.'.
Amendment (d), in line 19, leave out subsection (5).
Amendment (i), in 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.'.
Amendment (g), in line 30, after second 'conditions', insert '(a)'.
Amendment (h), in 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.'.
Amendment No. 8, in page 1, line 1, leave out clauses 1 to 12.
Government amendments Nos. 18 and 19.
Amendment No. 36, in 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.'.
Amendment No. 10, in page 2, line 33 [Clause 3], at end insert
'(1A) The regulations may provide for local authorities to licence designated rooms in which smoking is to be permitted under appropriate conditions.'.
Amendment No. 5, in page 2, line 37 [Clause 3], leave out from 'hotels' to end of line 38 and insert
'and care homes, but not including prisons)'.
Amendment No. 27, in 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.'.
Amendment No. 6, in 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.'.
Government amendments Nos. 20 and 24.
Government motion, That clause 8 be transferred to end of line 38 on page 6.
Government amendment No. 21
14 Feb 2006 : Column 1292
I am sure that, before we begin the debate, the whole House will join me in congratulating the right hon. Member for Witney (Mr. Cameron) on the birth of his third baby. We all wish him well, both as a parent and, of course, in his efforts to give up smoking.
The Bill will ban smoking in virtually every enclosed public place and workplace in England. As the director of Action on Smoking and Health said:
"This Bill will be a big step forwards for public health. If passed into law, it will save thousands of lives every year, as vulnerable people are no longer exposed to dangerous second-hand smoke at work, and as thousands of smokers are encouraged to cut down or quit altogether."
The medical evidence is absolutely clearsmoking is the principal avoidable cause of premature death. Almost 85,000 people die every year from lung cancer, respiratory illnesses and heart disease. We have acted to deal with that scourge. We have already banned tobacco advertising, strengthened health warnings on cigarette packets and introduced NHS stop-smoking programmes, which in 200405 alone have helped nearly 300,000 people to give up smoking.
Yesterday, the Under-Secretary of State for Health, my hon. Friend the Member for Don Valley (Caroline Flint), launched our latest anti-smoking television and radio campaign. Now, with this Bill, we will ensure that from the summer of next year18 months earlier than we originally proposedsmoke-free workplaces and public places will become the norm. Over time, we estimate that an additional 600,000 people will give up smoking as a result of this law and that millions more will be protected from second-hand smoke.
Patrick Hall (Bedford) (Lab):
The public health case to make all workplaces smoke-free is very well established. Leaving aside the fact that many already are smoke-free, would it not boost the credibility of the House if the standards that we seek to impose on others were applied to ourselves?