Health Bill
Type
Parliamentary proceeding
Reference
681 c351-404GC 
Session
2005-06
Legislative stage
Committee stage
Chamber / Committee
House of Lords Grand Committee
Health Bill. Brought from the Commons. Explanatory Notes HL Bill 76-EN also published.
Wednesday, 15 February 2006
Bills
House of Lords
Wednesday, 15 February 2006
Bills
House of Lords
Proceeding contributions
Lord Palmer | 681 c360GC (Link to this contribution)
Before the Minister replies, perhaps I may inform the noble Lord, Lord Stoddart, that Lord Simon of ...
Lord Monson | 681 c396GC (Link to this contribution)
I have added my name to Amendment No. 37 and I support the extremely sensible Amendment No. 38—I mus...
Show all contributions (150)
Lord Warner | 681 c393-4GC (Link to this contribution)
As the noble Earl, Lord Howe, said, Amendment No. 35 seeks to time-limit requirements for no-smoking...
Lord Skidelsky | 681 c375GC (Link to this contribution)
It is always a pleasure.
Lord Monson | 681 c379GC (Link to this contribution)
Not only the Minister, but all those who are strongly in favour of smoking restrictions frequently c...
Lord Faulkner of Worcester | 681 c386GC (Link to this contribution)
Will the noble Earl be reassured to know that only one restaurant owner in Scotland and one individu...
Lord Naseby | 681 c356GC (Link to this contribution)
I am most grateful that the noble Lord accepts it. In the other place, when an honourable Member rai...
Lord Naseby | 681 c355GC (Link to this contribution)
I am sorry, but the noble Lord cannot just stand up and accuse me of something. I hope I have now pr...
Lord Warner | 681 c358GC (Link to this contribution)
My noble friend Lord Faulkner made an error. He accepted that he made an error. I corrected his erro...
Lord Faulkner of Worcester | 681 c356GC (Link to this contribution)
I certainly have not come as a messenger boy for my noble friend; I was just seeking for the record ...
Lord Walton of Detchant | 681 c353GC (Link to this contribution)
It is essential that this clause be retained in the Bill. I know that certain Members of the Committ...
Lord Faulkner of Worcester | 681 c353-4GC (Link to this contribution)
I support the clause and endorse everything that the noble Lord, Lord Walton, has said. I do not—as ...
Lord Palmer | 681 c369GC (Link to this contribution)
I particularly support Amendment No. 27A. Being—looking around the Committee—the only Member who liv...
Lord Naseby | 681 c364GC (Link to this contribution)
Given that the Edgware Road community is the largest Muslim community in terms of business, it would...
Lord Warner | 681 c362GC (Link to this contribution)
The House of Lords can of course reject affirmative resolutions if it decides to do so by a majority...
Lord Warner | 681 c362GC (Link to this contribution)
I am afraid that I do not understand the question, so it is difficult for me to answer it.
Lord Monson | 681 c361-2GC (Link to this contribution)
Once again, the Minister has tried to reassure the Committee by saying that no further restrictions ...
Earl Howe | 681 c361GC (Link to this contribution)
Perhaps I may say briefly how grateful I am to the Minister for having considered so constructively ...
Lord Monson | 681 c364GC (Link to this contribution)
Will the Minister undertake to study very carefully the extremely valuable research carried out by t...
Lord Stoddart of Swindon | 681 c358-9GC (Link to this contribution)
I support the noble Lord, Lord Naseby, in his opposition to the Question, to which I am signatory. B...
Lord Monson | 681 c359GC (Link to this contribution)
The noble Earl referred to Clause 2, but is he in fact talking about Clause 2 or Clause 4?
Lord Stoddart of Swindon | 681 c389GC (Link to this contribution)
I confess that I was startled to hear that the signage regulations are likely to cost some £2 billio...
Earl Howe | 681 c389GC (Link to this contribution)
I believe it will be £2 million.
Earl Howe | 681 c387-8GC (Link to this contribution)
If I had to pick out one clause in the Bill that grates on me more than any other, it would be Claus...
Lord Naseby | 681 c388-9GC (Link to this contribution)
I very much support what my noble friend has said. Norway and Sweden are reasonable examples. They d...
Lord Geddes | 681 c390GC (Link to this contribution)
I am sorry, but is it the same clause as originally tabled in the other place?
Lord Warner | 681 c390GC (Link to this contribution)
As I understand it, yes.
Lord Warner | 681 c391-2GC (Link to this contribution)
Until we have spelt out the requirements in the regulations, it is difficult for the industry or any...
Lord Warner | 681 c392GC (Link to this contribution)
It is not an arrestable offence. As I think I said—the noble Lord may want to check Hansard—it is in...
Lord Stoddart of Swindon | 681 c392GC (Link to this contribution)
I am most glad of the information as it has cleared up something in my mind. Will the Minister also ...
Earl Howe | 681 c395GC (Link to this contribution)
moved Amendment No. 37:"Page 6, line 3, at end insert—"
““( ) No offence is committed under th...
Earl Howe | 681 c394-5GC (Link to this contribution)
I thank the Minister once again for his reply, which gives me more food for thought. I must accept t...
Lord Monson | 681 c398GC (Link to this contribution)
I apologise.
Earl Howe | 681 c398GC (Link to this contribution)
Although the Minister very deftly batted my amendments to the boundary, I am sure he will accept tha...
Lord Warner | 681 c371-2GC (Link to this contribution)
I say to the noble Lord, Lord Geddes, ““Don’t hold your breath””, but I will try to respond to the p...
Lord Warner | 681 c375GC (Link to this contribution)
I do not think it is very useful for us to speculate about every conceivable aspect of human behavio...
Lord Skidelsky | 681 c375GC (Link to this contribution)
I am very grateful to the noble Lord for that reply. I only hope that he realises, or will come to r...
Lord Warner | 681 c376GC (Link to this contribution)
I suspect that most convertible cars are private vehicles. Unless there has been an outbreak of work...
Lord Palmer | 681 c376GC (Link to this contribution)
The Minister made some reference to my workforce working 24 hours a day. They do not on a regular ba...
Earl Howe | 681 c381-2GC (Link to this contribution)
moved Amendment No. 33:"Page 4, line 45, leave out ““or descriptions of person”” and insert ““specif...
Lord Naseby | 681 c379-80GC (Link to this contribution)
I want to make a few brief points. First, the Minister often prays in aid the fact that the affirmat...
Lord Warner | 681 c386GC (Link to this contribution)
There is more to come. The only difference being that there is not the first option of a fixed penal...
Lord Warner | 681 c386GC (Link to this contribution)
The maximum for level 4 is £2,500. My understanding—I will check the precise number—is that what we ...
Earl Howe | 681 c386GC (Link to this contribution)
That was an extremely helpful reply from the Minister. It gives us a much clearer picture of what th...
Lord Warner | 681 c402-4GC (Link to this contribution)
Amendments Nos. 39 and 41 both relate to the offence of failing to prevent smoking in a smoke-free p...
Lord Warner | 681 c404GC (Link to this contribution)
This may be a convenient moment for the Committee to adjourn until Monday at 3.30 pm.
Earl Howe | 681 c404GC (Link to this contribution)
That was a very helpful reply from the Minister and I thank him for it. My concern in raising these ...
Lord Faulkner of Worcester | 681 c355GC (Link to this contribution)
I do not want to go on about this, but all I am seeking to do is give the noble Lord the opportunity...
Lord Naseby | 681 c355GC (Link to this contribution)
Let me make it clear. I sent a letter, of which I have a copy, to the Registrar, who determines what...
Lord Naseby | 681 c354GC (Link to this contribution)
Can we deal with one question at a time?
Lord Faulkner of Worcester | 681 c357GC (Link to this contribution)
There is a very simple answer to that: Roy Castle believed that he contracted lung cancer as a resul...
Lord Geddes | 681 c357GC (Link to this contribution)
I was not going to intervene on this Motion that Clause 4 stands part. Indeed, I must apologise to t...
Lord Faulkner of Worcester | 681 c357-8GC (Link to this contribution)
Indeed, I would like to take the opportunity of correcting the second part of that, which my noble f...
Lord Faulkner of Worcester | 681 c356GC (Link to this contribution)
That leads me on to the second point I hope the noble Lord will be able to respond to: his comments ...
Lord Naseby | 681 c354GC (Link to this contribution)
I have no idea what ““close proximity”” means in the context of primary legislation. I have no idea ...
Lord Naseby | 681 c365-6GC (Link to this contribution)
I have absolutely no problem with a Minister conferring with his officials. My problem is that there...
Lord Warner | 681 c365GC (Link to this contribution)
It is a convention in this House, as it is in the other place, that Ministers can confer with their ...
Earl Howe | 681 c366-8GC (Link to this contribution)
I shall speak to the five amendments grouped in my name, Amendments Nos. 28 to 32 inclusive.
As we ...
Lord Naseby | 681 c365GC (Link to this contribution)
moved Amendment No. 27A:"Page 3, line 38, at end insert—"
““( ) The power to make regulations ...
Lord Warner | 681 c364GC (Link to this contribution)
I am certainly willing to facilitate a discussion with the people concerned. I should be grateful to...
Lord Warner | 681 c364GC (Link to this contribution)
I am phlegmatically resigned to going through the arguments again at Report and probably at Third Re...
Lord Monson | 681 c362GC (Link to this contribution)
If an order was brought before us and it was rejected, would that essentially be the end of the stor...
Earl Howe | 681 c359GC (Link to this contribution)
I have no problem with a power in the Bill for Ministers to make regulations to extend the scope of ...
Lord Warner | 681 c360-1GC (Link to this contribution)
I am grateful to the noble Lord, Lord Naseby, for his congratulations on my ability still to continu...
Lord Stoddart of Swindon | 681 c371GC (Link to this contribution)
I am most obliged to the noble Lord, Lord Monson, for that information. That is double the highest n...
Lord Monson | 681 c371GC (Link to this contribution)
Perhaps I may enlighten the noble Lord. It was not from the Office of the Deputy Prime Minister; the...
Lord Skidelsky | 681 c369GC (Link to this contribution)
In supporting Amendment No. 27A, I ask the Minister a question. Am I right in believing that regulat...
Lord Walton of Detchant | 681 c369GC (Link to this contribution)
Curiously, a pedal vehicle is, by definition, a vehicle. The clause talks about ““every kind of vehi...
Lord Warner | 681 c390GC (Link to this contribution)
It is the same clause as was tabled in the other place.
Lord Stoddart of Swindon | 681 c389-90GC (Link to this contribution)
That is a bit better. As I say, I was startled by the original figure, which I must have misheard. E...
Lord Warner | 681 c390-1GC (Link to this contribution)
I am not sure that it does. I will try and deal with it in my response. I start with a core point. E...
Lord Naseby | 681 c391GC (Link to this contribution)
What is the minimum figure?
Earl Howe | 681 c393GC (Link to this contribution)
moved Amendment No. 35:"After Clause 6, insert the following new clause—"
““DURATION OF SECTION 6
...
Earl Howe | 681 c392-3GC (Link to this contribution)
I am grateful to the Minister for his reply and for explaining the underlying thinking. He does have...
Lord Warner | 681 c396-7GC (Link to this contribution)
I turn first to Amendment No. 37. I should say to the noble Earl that my understanding of the way in...
Lord Haskel | 681 c397GC (Link to this contribution)
A Division has been called in the Chamber. The Committee stands adjourned for 10 minutes.
[The Sitt...
Lord Warner | 681 c399GC (Link to this contribution)
I do not want to go into detail, but I cannot resist rising very briefly because the noble Lord, Lor...
Lord Monson | 681 c399GC (Link to this contribution)
Can the Minister tell us what is the loss suffered by the Irish Treasury from the decline in cigaret...
Earl Howe | 681 c399-400GC (Link to this contribution)
moved Amendment No. 39:"Page 6, line 6, at end insert—"
““( ) A person on whom a duty is impos...
Lord Warner | 681 c398GC (Link to this contribution)
Some would see ““antique”” as a term of approval. What I also said, if I may remind the noble Lord, ...
Lord Stoddart of Swindon | 681 c401-2GC (Link to this contribution)
This is an important issue. I understand what the noble Baroness said about charities and their resp...
Lord Stoddart of Swindon | 681 c372GC (Link to this contribution)
But suppose he has his butler in the car.
Lord Warner | 681 c372-4GC (Link to this contribution)
Anyone who is behind any noble Lord who is rollerblading, scooting, cycling or on a tandem is at gre...
Lord Skidelsky | 681 c374-5GC (Link to this contribution)
I wonder whether I have understood the Minister’s remarks correctly. A delivery van will be smoke-fr...
Lord Geddes | 681 c375GC (Link to this contribution)
Before the Minister replies, could I exemplify that point? I think I heard the noble Lord say that s...
Lord Palmer | 681 c375-6GC (Link to this contribution)
I listened very carefully to what the Minister has said, but he did not mention what would happen to...
Lord Warner | 681 c376GC (Link to this contribution)
As I understand the situation, if it is a shared vehicle, it is part of the workplace and it is encl...
Lord Naseby | 681 c376-7GC (Link to this contribution)
I listened to the Minister, hoping that I would have no further questions to ask. Luckily, my noble ...
Lord Warner | 681 c377-8GC (Link to this contribution)
I have tried to be as clear as possible on the guiding principle in determining whether a vehicle of...
Lord Naseby | 681 c378GC (Link to this contribution)
The Minister has been very forthcoming, and I am grateful to him for providing the guidance. The Com...
Lord Stoddart of Swindon | 681 c380GC (Link to this contribution)
It is a bit ironic that Germany is setting us an example of civil liberty. Here we are taking people...
Lord Naseby | 681 c384GC (Link to this contribution)
I shall speak to Amendment No. 42 and wish to add only one point to what my noble friend has just sa...
Earl Howe | 681 c383-4GC (Link to this contribution)
moved Amendment No. 34:"Page 5, line 24, leave out from ““exceeding”” to end of line 25 and insert “...
Lord Warner | 681 c386-7GC (Link to this contribution)
I meant to say in my opening remarks that the figures I gave are maximum-level fines, and would prob...
Lord Naseby | 681 c386GC (Link to this contribution)
I am grateful to the Minister. Perhaps I may clarify the position in relation to Scotland. Failing t...
Lord Haskel | 681 c404GC (Link to this contribution)
The Committee stands adjourned until Monday next.
Lord Faulkner of Worcester | 681 c355-6GC (Link to this contribution)
The Committee will have to make up its own mind. I hope the noble Lord will let me finish this point...
Lord Faulkner of Worcester | 681 c355GC (Link to this contribution)
Of course I have. The interest I have declared on this Bill and in all other matters related to smok...
Lord Naseby | 681 c354-5GC (Link to this contribution)
If the noble Lord did a little more digging, he would find that in previous debates on smoking, not ...
Lord Faulkner of Worcester | 681 c354GC (Link to this contribution)
I do not think they are vague statements. I would hope that sports stadiums will be covered by the r...
Lord Geddes | 681 c358GC (Link to this contribution)
I am sorry, but I should like to pursue that, because that is not what the noble Lord, Lord Faulkner...
Lord Geddes | 681 c358GC (Link to this contribution)
I accept what the Minister says. I have certainly not heard a correction from the noble Lord, Lord F...
Lord Monson | 681 c356-7GC (Link to this contribution)
The noble Lord, Lord Faulkner, alleged that children might be at risk from people smoking in sports ...
Lord Naseby | 681 c356GC (Link to this contribution)
I can verify that I was in the Chamber. If I did not listen with proper attention to the noble Lord,...
Lord Naseby | 681 c351-3GC (Link to this contribution)
I start by thanking the Minister for providing the report on the experience in Norway. It made inter...
Earl of Liverpool | 681 c353GC (Link to this contribution)
I support my noble friend Lord Naseby. I am concerned that Clause 4 is far too draconian. It states:...
Viscount Allenby of Megiddo | 681 c351GC (Link to this contribution)
I remind noble Lords that if there is a Division in the Chamber while we are sitting, the Committee ...
Lord Monson | 681 c368GC (Link to this contribution)
I have added my name to Amendments Nos. 27A and 28 on the belt-and-braces principle. The noble Earl ...
Lord Faulkner of Worcester | 681 c368GC (Link to this contribution)
How does the noble Lord imagine that the existing seat-belts law is enforced?
Lord Monson | 681 c368-9GC (Link to this contribution)
As the noble Lord, Lord Stoddart, said from a sedentary position, it is only occasionally enforced, ...
Lord Warner | 681 c364-5GC (Link to this contribution)
I have great respect for the insurance industry; I am sure it makes its commercial decisions on the ...
Lord Naseby | 681 c362-4GC (Link to this contribution)
I appreciate what the Minister has said and obviously I will study his words when they become availa...
Lord Stoddart of Swindon | 681 c359-60GC (Link to this contribution)
Before the Minister replies, there is something I omitted to say. I think that I ought to draw it to...
Earl of Liverpool | 681 c360GC (Link to this contribution)
I was interested in the quotation given by the noble Lord, Lord Stoddart, from the letter he receive...
Lord Walton of Detchant | 681 c360GC (Link to this contribution)
Perhaps I may answer the point made by the noble Lord, Lord Stoddart. The paper to which I referred ...
Earl Howe | 681 c359GC (Link to this contribution)
I am talking about Clause 4, but, as we see, it refers to Clause 2 and gives Ministers power to expa...
Lord Stoddart of Swindon | 681 c360GC (Link to this contribution)
Rather than read the whole letter, perhaps I had better let the noble Earl have a copy of it. That w...
Lord Geddes | 681 c371GC (Link to this contribution)
I wonder whether I can persuade the Minister—I have my doubts as to whether I will be able to do so—...
Lord Stoddart of Swindon | 681 c370-1GC (Link to this contribution)
There are a number of points on this clause. I support the amendment of course because I have added ...
Lord Wakeham | 681 c369-70GC (Link to this contribution)
My brief comment will end up in the form of a question really. I raised the question of my boat last...
Earl of Liverpool | 681 c369GC (Link to this contribution)
In which case I will proceed until somebody asks me to sit down. How on earth can you possibly polic...
Lord Warner | 681 c369GC (Link to this contribution)
Not particularly.
Earl of Liverpool | 681 c369GC (Link to this contribution)
Would the Minister like to respond to that question?
Earl Howe | 681 c387GC (Link to this contribution)
That is a helpful comment. I am grateful also to the noble Lord, Lord Faulkner, for telling us what ...
Lord Geddes | 681 c390GC (Link to this contribution)
My noble friend Lord Howe said that he could understand the reason for Clause 6. As the Bill origina...
Lord Geddes | 681 c390GC (Link to this contribution)
That makes the point.
Lord Monson | 681 c392GC (Link to this contribution)
The noble Lord, Lord Naseby, suggested that the Government propose to require all no-smoking signs b...
Lord Warner | 681 c392GC (Link to this contribution)
I thought I had answered the point rather elegantly. I said—and the noble Lord, Lord Naseby, nodded ...
Earl of Liverpool | 681 c393GC (Link to this contribution)
I support my noble friend Earl Howe, particularly because of what my noble friend Lord Geddes said d...
Lord Warner | 681 c398GC (Link to this contribution)
I did not say it was ““archaic””, I said it was ““antique””.
Lord Monson | 681 c397-8GC (Link to this contribution)
I do not know what the noble Earl, Lord Howe, is thinking of doing, but I am prepared to accept the ...
Lord Warner | 681 c397GC (Link to this contribution)
Perhaps I may make a small correction. In my opening remarks on Amendment No. 37 I talked about Clau...
Lord Warner | 681 c399GC (Link to this contribution)
I do not have the figures to hand, but as is the case with the Irish Government, this Government hav...
Lord Naseby | 681 c398-9GC (Link to this contribution)
I shall be brief, but this is the nub clause and it is as well to remember that between 25 and 30 pe...
Baroness Barker | 681 c400-1GC (Link to this contribution)
I should like to address Amendment No. 41 principally. As I have said on other occasions, in my prof...
Lord Monson | 681 c374GC (Link to this contribution)
I take this opportunity to pay tribute to the Minister for the speed and diligence with which he rep...
Lord Warner | 681 c374GC (Link to this contribution)
My understanding is that outside our waters the legislation does not apply, but I will check the sit...
Lord Warner | 681 c375GC (Link to this contribution)
I made it absolutely clear what the scientific base was for second-hand smoke, even when not visible...
Lord Stoddart of Swindon | 681 c375GC (Link to this contribution)
I have one other question for the Minister. I am most grateful for the explanations he has given, bu...
Earl of Liverpool | 681 c376GC (Link to this contribution)
I should like to ask the Minister about convertible cars. They are partially enclosed but not when t...
Lord Monson | 681 c378GC (Link to this contribution)
The Minister said that pool cars, or cars used by more than one person, would not be covered. The Bi...
Earl Howe | 681 c378-9GC (Link to this contribution)
Welcome as government Amendment No. 102 is, and welcome as the Minister’s assurance is that he will ...
Lord Warner | 681 c378GC (Link to this contribution)
I said that pool cars used by more than one person would be covered.
Earl Howe | 681 c383GC (Link to this contribution)
These things are always a matter of judgment. I accept that in this case it may be a matter of fine ...
Lord Warner | 681 c382-3GC (Link to this contribution)
We expect that smoke-free legislation will be self-enforcing. Based on international experience of i...
Lord Warner | 681 c380-1GC (Link to this contribution)
There is not a lot I can add to what I said earlier. I shall just repeat that road vehicles which ar...
Lord Warner | 681 c384-6GC (Link to this contribution)
Let me say at the outset that the power to specify levels of fines in relation to offences under the...
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