Children and Families Bill — Third Reading

Part of the debate – in the House of Lords at 5:15 pm on 5th February 2014.

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Photo of Earl Howe Earl Howe The Parliamentary Under-Secretary of State for Health 5:15 pm, 5th February 2014

I am sure that noble Lords would love to continue this debate, and perhaps we could do so on another occasion. I am grateful to the noble Lord, Lord Stoddart, for reminding us of those debates.

We all agree, I am sure, that action we take now to stop young people taking up smoking will have a significant beneficial impact on public health in the long term, which was a point made by my noble friend Lord Ribeiro. It will help young people to live longer and healthier lives, and I say, “Hear, hear!” to that.

Amendment 35 agreed.

Amendments 36 and 37

Moved by Earl Howe

36: After Clause 86, insert the following new Clause—

“Prohibition of sale of nicotine products to persons under 18

(1) The Secretary of State may by regulations make provision prohibiting the sale of nicotine products to persons aged under 18.

(2) A person who breaches a prohibition in regulations under subsection (1) commits an offence.

(3) Subsection (2) does not apply if—

(a) at the time of the sale, the person to whom the nicotine product is sold is employed by a manufacturer of nicotine products to which regulations under subsection (1) apply or by a dealer in such products (whether wholesale or retail), and

(b) the purchase of the product is for the purposes of the manufacturer’s or dealer’s business.

(4) Where a person is charged with an offence under this section it is a defence that the person took all reasonable precautions and exercised all due diligence to avoid committing the offence.

(5) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(6) The Secretary of State may by regulations—

(a) amend section (Purchase of tobacco etc. on behalf of persons under 18) (purchase of tobacco etc on behalf of persons under 18) so as to apply it (with or without modifications) in relation to nicotine products, or

(b) provide for that section to apply (with or without modifications) in relation to nicotine products.

(7) Regulations under this section may make provision in relation to—

(a) all nicotine products,

(b) nicotine products of a specified kind, or

(c) nicotine products subject to specified exceptions.

(8) The Secretary of State must obtain the consent of the Welsh Ministers before making regulations under this section which would (if contained in an Act of the National Assembly for Wales) be within the legislative competence of that Assembly.

(9) For the purposes of this section “nicotine product” means—

(a) a device which is intended to enable nicotine to be consumed by an individual or otherwise to be delivered into the human body,

(b) an item which is intended to form part of a device within paragraph (a), or

(c) a substance or item which consists of or contains nicotine and which is intended for human consumption or otherwise to be delivered into the human body.

(10) It does not matter for the purposes of subsection (9)(a) whether the device is also intended to enable any other substance to be consumed by an individual or otherwise to be delivered into the human body.

(11) The following are not nicotine products for the purposes of this section—

(a) tobacco;

(b) cigarette papers;

(c) any device which is intended to be used for the consumption of lit tobacco.

(12) In this section—

“specified” means specified in regulations under this section;

“tobacco” has the same meaning as in section 7 of the Children and Young Persons Act 1933 (offence of selling tobacco to children).”

37: After Clause 86, insert the following new Clause—

“Amendments consequential on section (Prohibition of sale of nicotine products to persons under 18)

(1) The Children and Young Persons Act 1933 is amended in accordance with subsections (2) to (6).

(2) In the italic heading before section 12A, after “tobacco” insert “or nicotine products”.

(3) In section 12A (restricted premises orders)—

(a) in subsection (1), after “tobacco” insert “or nicotine”,

(b) in subsection (3), for “or cigarette papers” substitute “, cigarette papers or nicotine product”, and

(c) in subsection (7)(a), after “tobacco” insert “or nicotine”.

(4) In section 12B (restricted sale orders)—

(a) in subsection (1), after “tobacco” insert “or nicotine”,

(b) in subsection (3)—

(i) in paragraph (a), for “or cigarette papers” substitute “, cigarette papers or nicotine product”,

(ii) in paragraph (b), for “or cigarette papers” substitute “, cigarette papers or nicotine products”,

(iii) in each of paragraphs (c) and (d) omit “cigarette” in each place, and

(iv) in each of those paragraphs, after “tobacco” insert “or nicotine products”,

(c) in subsection (5), after “tobacco” insert “or nicotine”, and

(d) in subsection (6)—

(i) omit “cigarette”, and

(ii) after “tobacco” insert “or nicotine products”.

(5) In section 12C(1)(a) (enforcement), for “or cigarette papers” substitute “, cigarette papers or nicotine product”.

(6) In section 12D (interpretation)—

(a) in subsection (1), in the opening words, for ““tobacco offence”” substitute ““tobacco or nicotine offence””,

(b) in that subsection omit the “or” at the end of paragraph (b) and at the end of paragraph (c) insert “, or

(d) an offence committed under section (Prohibition of sale of nicotine products to persons under 18) of the Children and Families Act 2014 on any premises (which are accordingly “the premises in relation to which the offence is committed”).”, and

(c) after subsection (2) insert—

“(2A) In sections 12A to 12C “nicotine product” means a nicotine product within the meaning of section (Prohibition of sale of nicotine products to persons under 18) of the Children and Families Act 2014 the sale of which to persons aged under 18 is for the time being prohibited by regulations under subsection (1) of that section.”

(7) In section 5 of the Children and Young Persons (Protection from Tobacco) Act 1991 (enforcement action by local authorities in England and Wales)—

(a) in subsection (1)(a), for “and sections 3 and 4 above” substitute “, sections 3 and 4 above and section (Prohibition of sale of nicotine products to persons under 18) of the Children and Families Act 2014 (prohibition of sale of nicotine products to persons under 18)”, and

(b) after subsection (1) insert—

“(1A) Subsection (1) applies in relation to section (Prohibition of sale of nicotine products to persons under 18) of the Children and Families Act 2014 only if regulations under subsection (1) of that section are for the time being in force.”

(8) The Secretary of State may by regulations make provision amending, repealing, revoking or otherwise modifying any provision made by or under an enactment (whenever passed or made) in connection with provision made by or under section (Prohibition of sale of nicotine products to persons under 18).

(9) In subsection (8) “enactment” includes a Measure or Act of the National Assembly for Wales.”

Amendments 36 and 37 agreed.

Clause 87: Regulation of retail packaging etc of tobacco products

Amendments 38 to 40

Moved by Earl Howe

38: Clause 87, page 63, line 1, after first “regulations” insert “—

(a) ”

39: Clause 87, page 63, line 4, at end insert “;

(b) make provision for the appropriate minister to direct, in relation to cases of a particular description or a particular case, that any duty imposed on a local weights and measures authority in Great Britain or a district council in Northern Ireland by virtue of provision under paragraph (a) is to be discharged instead by the appropriate minister.”

40: Clause 87, page 63, line 36, at end insert—

““appropriate minister”—

(a) in relation to England, means the Secretary of State,

(b) in relation to Wales, means the Welsh Ministers,

(c) in relation to Northern Ireland, means the Department of Health, Social Services and Public Safety, and

(d) in relation to Scotland, means the Scottish Ministers;”

Amendments 38 to 40 agreed.

Clause 88: Protection of children’s health: offence of smoking in a private vehicle

Amendment 41

41: Clause 88, page 64, leave out lines 11 to 13 and insert—

“(1) The Health Act 2006 is amended as follows.

(2) In section 5 (smoke-free vehicles)—

(a) after subsection (1) insert—

“(1A) Regulations under this section may in particular provide for a private vehicle to be smoke-free where a person under the age of 18 is present in the vehicle.”, and

(b) in subsection (2), for “The regulations” substitute “Regulations under this section”.

(3) In section 9 (fixed penalties), after subsection (1) insert—

“(1A) The appropriate national authority may by regulations provide that, in the circumstances specified in the regulations, an authorised officer of an enforcement authority (see section 10) who has reason to believe that a person has committed an offence under section 8(4) in relation to a vehicle in relation to which the authorised officer has functions may give the person a penalty notice in respect of the offence.”

(4) In section 10(1) (power to designate bodies or descriptions of body as enforcement authorities)—

(a) after “designating the” insert “persons or”, and

(b) after “descriptions of” insert “person or”.

(5) In section 79 (orders and regulations)—

(a) in subsection (4) (powers to which affirmative procedure applies), in paragraph (a) (powers in Part 1), for “or 8(7)” substitute “, 8(7) or 9(1A)”,

(b) in that subsection, in paragraph (f) (powers in Schedule 1), for “or 8” substitute “, 8 or 17”, and

(c) after that subsection insert—

“(4A) No statutory instrument containing regulations under section 9(1A) or paragraph 17 of Schedule 1 may be made by the Welsh Ministers unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.”

(6) In Schedule 1 (fixed penalties), after paragraph 16 insert—

“Power to amend or modify Schedule

17 The appropriate national authority may by regulations—

(a) amend this Schedule so as to modify its application in relation to penalty notices issued by an authorised officer of an enforcement authority of a particular kind, or

(b) provide for this Schedule to apply with modifications in relation to such notices.””

Amendment 41 agreed.

Amendment 42

Moved by Lord Nash

42: After Clause 89, insert the following new Clause—

“Parent carers

(1) In the Children Act 1989, after section 17ZC (as inserted by section 89) insert—

“17ZD Parent carers’ needs assessments: England

(1) A local authority in England must, if the conditions in subsections (3) and (4) are met, assess whether a parent carer within their area has needs for support and, if so, what those needs are.

(2) In this Part “parent carer” means a person aged 18 or over who provides or intends to provide care for a disabled child for whom the person has parental responsibility.

(3) The first condition is that—

(a) it appears to the authority that the parent carer may have needs for support, or

(b) the authority receive a request from the parent carer to assess the parent carer’s needs for support.

(4) The second condition is that the local authority are satisfied that the disabled child cared for and the disabled child’s family are persons for whom they may provide or arrange for the provision of services under section 17.

(5) An assessment under subsection (1) is referred to in this Part as a “parent carer’s needs assessment”.

(6) Subsection (1) does not apply in relation to a parent carer if the local authority have previously carried out a care-related assessment of the parent carer in relation to the same disabled child cared for.

(7) But subsection (1) does apply (and so a parent carer’s needs assessment must be carried out) if it appears to the authority that the needs or circumstances of the parent carer or the disabled child cared for have changed since the last care-related assessment.

(8) “Care-related assessment” means—

(a) a parent carer’s needs assessment;

(b) an assessment under any of the following—

(i) section 1 of the Carers (Recognition and Services) Act 1995;

(ii) section 6 of the Carers and Disabled Children Act 2000;

(iii) section 4(3) of the Community Care (Delayed Discharges) Act 2003.

(9) A parent carer’s needs assessment must include an assessment of whether it is appropriate for the parent carer to provide, or continue to provide, care for the disabled child, in the light of the parent carer’s needs for support, other needs and wishes.

(10) A local authority in carrying out a parent carer’s needs assessment must have regard to—

(a) the well-being of the parent carer, and

(b) the need to safeguard and promote the welfare of the disabled child cared for and any other child for whom the parent carer has parental responsibility.

(11) In subsection (10) “well-being” has the same meaning as in Part 1 of the Care Act 2014.

(12) A local authority, in carrying out a parent carer’s needs assessment, must involve—

(a) the parent carer,

(b) any child for whom the parent carer has parental responsibility, and

(c) any person who the parent carer requests the authority to involve.

(13) A local authority that have carried out a parent carer’s needs assessment must give a written record of the assessment to—

(a) the parent carer, and

(b) any person to whom the parent carer requests the authority to give a copy.

(14) A local authority in England must take reasonable steps to identify the extent to which there are parent carers within their area who have needs for support.

17ZE Parent carers’ needs assessments: supplementary

(1) This section applies for the purposes of section 17ZD.

(2) The references in section 17ZD to providing care include a reference to providing practical or emotional support.

(3) Where a local authority—

(a) are required to carry out a parent carer’s needs assessment, and

(b) are required or have decided to carry out some other assessment of the parent carer or of the disabled child cared for, the local authority may combine the assessments.

(4) The Secretary of State may by regulations make further provision about carrying out a parent carer’s needs assessment; the regulations may, in particular—

(a) specify matters to which a local authority is to have regard in carrying out a parent carer’s needs assessment;

(b) specify matters which a local authority is to determine in carrying out a parent carer’s needs assessment;

(c) make provision about the manner in which a parent carer’s needs assessment is to be carried out;

(d) make provision about the form a parent carer’s needs assessment is to take.

(5) The Secretary of State may by regulations amend the list in section 17ZD(8)(b) so as to—

(a) add an entry,

(b) remove an entry, or

(c) vary an entry.

17ZF Consideration of parent carers’ needs assessments

A local authority that carry out a parent carer’s needs assessment must consider the assessment and decide—

(a) whether the parent carer has needs for support in relation to the care which he or she provides or intends to provide;

(b) whether the disabled child cared for has needs for support;

(c) if paragraph (a) or (b) applies, whether those needs could be satisfied (wholly or partly) by services which the authority may provide under section 17; and

(d) if they could be so satisfied, whether or not to provide any such services in relation to the parent carer or the disabled child cared for.”

(2) In section 104 of the Children Act 1989 (regulations and orders)—

(a) in subsections (2) and (3A) (regulations within subsection (3B) or (3C) not subject to annulment but to be approved in draft) after “(3AA),” insert “(3AB),”, and

(b) after subsection (3AA) insert—

“(3AB) Regulations fall within this subsection if they are regulations made in the exercise of the power conferred by section 17ZE(5).””