Health Bill

Let me say at the outset that the power to specify levels of fines in relation to offences under the Bill has been left to delegated legislation to enable any necessary changes to be made when required, taking prevailing circumstances into account. The need might arise to increase penalties in the future if persistent flouting of the legislation occurs. Indeed, there is also a need to ensure that we keep up to date with changes to levels of fines, as determined by other government departments. Powers have been conferred on the Secretary of State alone rather than on the appropriate national authority because the Home Office retains responsibility for criminal penalty policy throughout England and Wales. The affirmative procedure was selected for the exercise of this power as we believe that Parliament will wish to consider whether the proposed level is appropriate. This is usual where levels of fines for offences are concerned. The inclusion of powers to specify fine levels for offences in the Bill was not a matter on which the Delegated Powers and Regulatory Reform Committee commented in its report on the Health Bill. On that basis, I do not think that it is desirable to specify in the Bill fine levels for the various offences. However, the Committee may find it helpful if I try to set out the Government’s plans in relation to fines and penalties for the offences in the Bill, and that may give some reassurance. For the offence of smoking in a smoke-free place, enforcement authorities will be able either to issue a fixed penalty notice or pursue summary conviction. It is likely that fixed penalty notices will be used in the vast majority of cases, with persistent offenders being taken to summary conviction. The Government intend that regulations will prescribe a fixed penalty of £50. If the person pays the penalty, he will be discharged of any liability to conviction for the offence. That is the same amount as for the offence of consuming alcohol in a designated place. The next level of fine is £80 and covers offences such as behaviour likely to cause harassment, alarm or distress. We do not think it appropriate to put the offence of smoking into this category. Paragraph 7 of Schedule1 sets out that a discounted amount can be paid if the fixed penalty notice is settled within 15 days. This discounted amount will be set out in regulations but we expect it to be £30. It is intended that for the offence of smoking in a smoke-free place regulations will prescribe a fine on summary conviction not exceeding level 1 on the standard scale, which is currently up to £200. For the offence of failing to prevent smoking in a smoke-free place it is intended that the regulations will prescribe a fine on summary conviction of up to level 4 on the standard scale, which at present would be a fine of up to £2,500. The Home Office has advised us that it feels the offence of failing to prevent smoking in smoke-free premises to be serious enough to warrant a fine of up to level 4 on the standard scale. Examples of other offences carrying a level 4 fine include selling tobacco products to children under 16 years of age and careless driving. For the offence of failing to comply with signage requirements, enforcement authorities will be able either to issue a fixed penalty notice or to pursue a summary conviction. It is likely that the fixed penalty notice route will be used in the vast majority of cases, with only persistent offenders being taken to summary conviction. The Government intend that regulations will prescribe a fixed penalty for this offence of £200. If the person pays the penalty, he will be discharged of any liability to conviction for the offence and will not be taken to court. Again, a discounted amount can be paid if the fixed penalty notice is settled within 15 days. The discounted amount will be set out in regulations but we expect it to be £150. It is intended that regulations will prescribe a fine on summary conviction for the offence of failing to comply with signage requirements not exceeding level 3 on the standard scale, which is currently up to £1,000. Examples of other offences carrying a level 3 fine include not exhibiting a warning notice on under-age sales under the Children and Young Persons (Protection from Tobacco) Act, as well as disorderly behaviour and kerb crawling. I reiterate that these proposed fine levels are put forward in the light of advice from the Home Office and the responses received during the full public consultation that was run on the smoke-free aspects of the Bill during the summer last year. Responses to our consultation over the summer suggested that the levels of fines originally proposed for the offences of failing to display appropriate no-smoking signs and failing to prevent smoking in smoke-free places were probably too low to act as a deterrent. The point was clearly made during that public consultation that if fines were too low, and if there was no escalation for repeat offences, some businesses might prefer to pay fines essentially as a business cost in order to secure revenue from smokers. I am confident that these increased fine levels will result in better compliance with smoke-free legislation, which of course will make enforcement easier. Importantly, the fine levels I have proposed will also create consistency with the majority of fine levels that are now in place in Scotland for the same offences under Scotland’s legislation. I hope that that clarifies the matter for the noble Lord, Lord Naseby.