Clause 2 - Smoke-free premises
Health Bill
4:15 pm
Caroline Flint (Parliamentary Under-Secretary, Department of Health; Don Valley, Labour)
That is an interesting example. In respect of a home office where only one person works, my feeling is that it is up to that person whether it should be smoke-free. I will reflect further, though, on the issue of visitors. The scenario that I envisage is someone working from home. There may be the occasional call to the house, but there is not open access to members of the public. If there was such access, I would be more concerned about whether the place was smoke-free, but my inclination at this stage is that if only one person really uses the office and it is someone working from home, it is up to them whether it should be smoke-free. As I said, however, I will reflect further to ensure that the scenario described is covered, because of course someone who works from home could have clients and so on call on him. I will reflect on what the hon. Gentleman said, but I have outlined my inclination at this stage.
The clause takes us substantially further forward. It provides for enclosed and substantially enclosed premises to which the public have access to be smoke-free, unless specifically exempted by regulations. That will cover places such as shops, cinemas, leisure centres, museums and cafés in a way that they are not covered at present. The appropriate national authority will specify in regulations what ''enclosed'' and ''substantially enclosed'' mean. I have today given the Committee an indication of our thinking on those definitions. I am minded to follow the Scottish example, but we will consult on the definitions in due course to ensure that we get them right.
We intend that the regulations will cover all premises that are completely enclosed by walls and a roof, and premises that are mostly enclosed so that smoke cannot easily escape, such as an open-fronted café. The definition will include temporary structures such as marquees, provided that they fall under the definition of an enclosed or substantially enclosed public place or work space. That is important, too.
If more than one person uses the premises as a place of work, even if the people are not there at the same time, the premises will need to be smoke-free at all times. If members of the public have access to premises to receive goods or a service, those premises should be smoke-free as well. As I said, however, I will reflect on some of the comments made in Committee this afternoon. The provisions will also ensure that places such as those used by people working shifts—for example, a small, one-person cabin staffed by security guards—are smoke-free. It is important to recognise that.
There will be cases in which services that the public use are housed in someone's private residence. We had a good discussion about that this afternoon in which relevant issues and scenarios were presented. I hope, therefore that we can make progress on this clause. I am grateful to have had the chance to discuss and explore the relevant and sometimes difficult issues with which we will have to deal in regulations.
Question put and agreed to.
Clause 2 ordered to stand part of the Bill.