Clause 7 - Offence of smoking in smoke-free place
Health Bill
4:15 pm
George Young (North West Hampshire, Conservative)
It is a pleasure to be of service to the Liberal Democrats to ensure that there is a debate on clause stand part. Clause 7 introduces the offence of smoking in a smoke-free place. I welcome that. The Minister said in an earlier debate that she did not envisage a raft of prosecutions. I hope that she is right. I hope that this will be self-enforcing. But it would be helpful if she could tell us a little about the experience overseas where this offence has been created. Has there been a raft of prosecutions or has it on the whole been self-enforcing?
It might also help if the Minister would tell us what the experience has been in this country where there has been an offence of smoking in a smoke-free place, such as on public transport. Has this been self-enforcing or have there been problems in enforcing it? I seem to remember a few years ago when Connex trains made the whole of its fleet smoke-free that a number of people, none the less, insisted on smoking. How was that resolved? Were there prosecutions?
Finally, in subsection (3) there is a defence for a person charged with an offence under subsection (2). It would be helpful to know whether that defence is compatible with the defences that exist in those cases where it is already an offence to smoke, for example on the train. In other words, is there some case law that underpins subsections (3) and (4) based on the experience in this country or has the Department branched out and created what in its view is a defence, which may or may not be the same as the defences that can currently be exercised by those who smoke on an aircraft or a train?
I hope that this has enabled the Liberal Democrats to assemble some coherent thoughts on clause stand part. I welcome the clause. It is a step in the right direction but it would be helpful to have some reassurance that this will not cause enormous difficulties in the way that it is enforced.
Dr. Murrisonrose—
Stephen Williams (Bristol, West) (LD) rose—