Health Bill

In common, I am sure, with other noble Lords, I was grateful for the letter sent by the noble Lord, Lord Warner, about this amendment. However, I am aware that some noble Lords who are not in their place are uncertain about the effect of this amendment, which is particularly relevant in the context of the anti-smoking regulations, as the noble Lord, Lord Warner, explained in his letter. I think that noble Lords who took part in those debates on Part 1 of the Bill would welcome the opportunity of hearing a little more from the Minister about how the amendment will affect what the Government intend to do. I shall also pose a few questions of my own for the noble Baroness to take away and consider. Am I correct in thinking that the amendment, if accepted, would enable Ministers to make regulations on, for example, Part 1 of the Bill before the main provisions of that part come into force? If that is right, am I also correct in understanding that the date on which the regulations were due to come into force could not be prior to the date on which the main provisions came into force? Do not the two dates of coming into force need to be the same? Taking Part 1 of the Bill as an example, it would not be desirable for the main provisions to come into force prior to the regulations. If that were to happen, we would have an untenable situation because there would be no definitions of what constituted enclosed and substantially enclosed premises. There would be no exemptions or clarity about the various offences, and so on. The Bill would not be workable without the implementing regulations to accompany it. However, the regulations cannot come into force before the main provisions because that would also be nonsense. If my logic is correct, it follows that they must come into force simultaneously. Perhaps the Minister could correct me if I am wrong about that. If, by this amendment, the Government wish to make the regulations so as to provide maximum clarity prior to the date of the main provisions coming into force as far in advance of that as possible, when are the regulations relating to Part 1 likely to be published and laid before Parliament? In the case of affirmative regulations, presumably the draft could be laid before Parliament several months in advance of the date when the Government intend them to come into force. That is how I read the letter of the noble Lord, Lord Warner. I agree that that would be thoroughly desirable. However, in the case of negative instruments, what is the position likely to be? Bearing in mind the 40-day rule, does that not mean that there will be comparatively little time for everyone to assimilate the content of the regulations, or will they be promulgated in draft form prior to being made?