Health Bill

That was a very helpful reply from the Minister and I thank him for it. My concern in raising these two amendments was the wording of Clause 8(1), which refers to,"““any person who controls or is concerned in the management of smoke-free premises””." That is where the duty here falls. The broad point emerging from the amendments is that there is not always someone on hand who controls or is concerned in the management of smoke-free premises. Therefore, on the face of it at least, there might be a risk of such people being caught for the offence when, in terms of natural justice, that would be unfair. The Minister’s reassurances are, however, very helpful. I should say to the noble Baroness that I do not think my Amendment No. 41 falls foul of the principle—of which she rightly reminded us—that trustees may not delegate their legal responsibilities. The amendment was deliberately couched in a way that would make it a valid defence in law that it was not reasonable for trustees to be personally present. I think that is a rather different matter. I will, however, take note of her strictures in regard to my Amendment No. 39. Perhaps I may go away and consider what the Minister has said between now and the Report stage. I find what he told the Committee largely reassuring and I beg leave to withdraw the amendment. Amendment, by leave withdrawn. [Amendments Nos. 40 to 43 not moved.]