Health Bill

My Lords, when I saw that the noble Baroness, Lady Howarth of Breckland, had put her name down to speak in this debate—which of course she would, given her acknowledged expertise in this area—I got an unpleasant sense that she would return to my very disobliging remarks about her when we both spoke in the debate on the London and Liverpool prohibition of smoking Bills last summer. So, first, I want to take this opportunity to apologise to the noble Baroness for casting aspersions on how she conducted her private leisure activities. Despite that, I am not deterred from raising the issue that she observed I probably would raise, and have raised in the past, in respect of this Bill: the impact of Part 1 on the theatre industry. I start by declaring my interests, which include being an ex-member of the board of the Society of London Theatre and a current member of the boards of both the Almeida Theatre and the Roundhouse, which is shortly to reopen. I should also say that I entirely support the Bill. I want to make that very clear from the outset. In particular, I support the aspects of it that relate to the restriction of smoking in public places. However, some difficulties arise from it concerning the presentation of live theatre events, and I want to outline them. Before I do so, however, I should like to associate myself with the remarks of the noble Baroness, Lady Howarth, about our late colleague Lord Stratford. I had wanted to refer, as she did, to the fact that he spoke in the debate that she and I both participated in last summer. It was the occasion of his maiden speech, and it seems to me terribly sad that he was not with us long enough to see this issue, about which he felt so strongly, brought to fruition through a government Bill. We shall continue to miss him. Three aspects of Part 1 have a direct impact on how theatre presentations can be brought about. First, the definition of ““smoking”” in Clause 1 is as follows:"(a) . . . smoking tobacco or anything which contains tobacco; or smoking any other substance; and (b) smoking includes being in possession of lit tobacco or of anything lit which contains tobacco, or being in possession of any other lit substance in a form in which it could be smoked””." That definition would, therefore, include the smoking of herbal cigarettes—a matter to which I shall return. Secondly, the definition of smoke-free premises in Clause 2 is drawn widely enough to encompass not only the public areas of theatres and other places of entertainment, such as auditoria and foyer spaces, but also rehearsal spaces and all indoor stages or other performance spaces, although I note the potential specified in Clause 3(5) for regulations to allow certain exemptions. Thirdly, the requirements set out in Clause 6 for the provision of ““no smoking”” signs could, as drafted, result in such signs having to be displayed on stage during performances. At this point, I agree wholeheartedly with what the noble Baroness, Lady Cumberlege, said earlier about the necessity to be scrupulous about how we go forward with the issue of signage. It can be a very heavy-handed way of dealing with the obviously necessary provision of information. All those requirements put together could seriously interfere with the production of theatre work within which smoking is either specifically indicated in the text or necessary to convey a particular period, atmosphere or character. I think, for instance, of John Osborne’s seminal play ““Look Back in Anger””, with which I am sure many of your Lordships are familiar. It was written in 1956 and, briefly, it deals with the marital difficulties of a young couple in that era. The main character, Jimmy Porter, smokes a pipe. If he were not to do so, not only would a significant element of the play be lost, as many of your Lordships will know, but the author’s copyright would be infringed because he specifies that. It would be improper for anyone to remove from the play that aspect of his writing without the permission of those who act for him now—unfortunately he is no longer with us. There are many other similar examples but I will not detain the House by repeating them. I simply reiterate the point that I made on the earlier Bill:"““The Bill as drafted gives powers . . . both to inhibit the process of creating work for the stage and to compromise the integrity of performance””.—[Official Report, 20/07/05; col. 1568.]" I do not think that it is the Government’s intention to place unreasonable restrictions on the presentation of live theatre performance. Indeed, I believe that they are already considering the matter. My honourable friend Caroline Flint, in reply to a Question from the Conservative shadow Health Secretary, Andrew Lansley, on 17 January, said:"““We received representations from the theatre industry to exempt theatrical performances and will take them into account in drafting regulations””—[Official Report, Commons, 17/01/06; col.1307W.]" Will my noble friend confirm this intention and say when it is anticipated that draft regulations will be available? Perhaps I could further encourage him by pointing out that in New York—a city now notorious for the draconian way that anti-smoking regulations are enforced—actors are permitted to smoke herbal tobacco on stage and in rehearsal, subject only to the proviso that if there is smoking on stage, the public must be alerted in much the same way as they are alerted to the use of strobe lighting or explosive sound. It surely cannot be impossible for this Bill to be amended to create similar flexibilities with appropriate safeguards. In case it should occur either to my noble friend or any other of your Lordships—the noble Baroness, Lady Howarth, in particular—that perhaps this suggestion is an evil plot by wicked theatre producers to force their hapless employees into unhealthy practices against their will, I should record that Equity, the actors’ union, has also raised these issues with the Government. On the question of glamorising smoking, I have some sympathy with the noble Baroness, but there is a difference between an active wish to glamorise the act and simply representing the act as part of a theatre performance. I recognise that this is a relatively minor matter in the great scheme of things, but it is not insignificant. The move to end smoking in public places is a hugely important step in promoting public health, as many of the previous speakers have said. It has my full support. None the less, as I have said before, smoking, though dangerous and undesirable for many reasons, has been part of our own and other cultures for hundreds of years and its presence in and impact on art cannot be ignored or legislated away. We need to find acceptable ways of allowing it to be represented. I hope that the Government will feel able either to bring forward suitable amendments in Committee, or to consider sympathetically suggestions from others.