Clause 3 - Exemptions
Health Bill
1:00 pm
Caroline Flint (Parliamentary Under-Secretary, Department of Health; Don Valley, Labour)
I would have to disagree with the hon. Gentleman because I have been very clear. Under our legislation, 99 per cent. of workplaces and public places will be smoke-free. Of the remainder, there will be exemptions, particularly in the licensed trade—for licensed establishments that do not serve food and for private clubs. Outside those areas, we are examining, and having discussions about, what we do in terms of adult hospices, prisons and residential care homes. Other countries that have sought restrictions or bans have had to deal with such issues.
Another example would be hotels that designate smoking and non-smoking rooms. It is an interesting example because it returns to our discussion about children. What does one say to parents who smoke and who may have a hotel room for themselves and their children? I wish that I had remembered that example earlier, because this is about examining ways in which we can contribute to improving health and improving choice. We must also recognise that in itself smoking is not an illegal activity.
I must say to the hon. Member for Westbury (Dr. Murrison) that, based on what I have heard so far in this Committee’s discussions, it seems that he is not even in favour of legislating now to ban smoking in the areas that will be covered by this legislation. We can have debates about the few areas where we might duplicate health and safety legislation that is already on the statute book, whether we should set a quality air standard in some of these licensed premises, and about ventilation.
We have said clearly that we will have a review within three years. It is better for us to review how the Bill will work in practice and to monitor its impact and public opinion on the issue. That is important, rather than doing what I think the hon. Member for Westbury is suggesting and somehow coming up with something that might be interpreted as a safe model, or a safer model, for allowing smoking in public places. I am not sure that that is worth while.
There have been discussions with industry on ventilation. Sections of industry have been concerned about the idea that the Government would come up with an engineering option. The hon. Gentleman has said that he is not convinced that there is an engineering ventilation option. Therefore, should the Government say to the commercialised leisure sector that this is an area in which we should prescribe?
The other side of that argument that we could be tempted to follow—although I am not—is the hon. Gentleman’s line of argument. We could say, “Yes, as a Government we can come up with an air quality standard or a form of ventilation.” That might be perceived as saying that such an atmosphere is a suitable environment in which to work. One could understand it if people in the areas in which we are currently saying there will be total bans then turned round and asked why they could not have that too.