Written question asked by Peter Law (Independent (affiliation)) on Friday, 24 March 2006, in the House of Commons. It was due for an answer on Tuesday, 28 March 2006. It was answered by Caroline Flint (Labour) on Tuesday, 18 April 2006 on behalf of the Department of Health.

Smoking

Question: To ask the Secretary of State for Health what assessment her Department has made of the compatability with the Human Rights Act 1998 of the Health Bill with reference to its proposed prohibition of smoking in public places.

Answer: I have made a statement under section 19 of the Human Rights Act 1998 that the Bill is, in my view, compatible with the European Convention on Human Rights.Various issues are considered to be particularly engaged in relation to the Bill, although careful consideration has been given to all aspects of human rights in relation to these proposals.On the smoke-free provision of the Bill, the question of whether taking measures of the kind provided for in this Bill to control the use of products which are lawfully on sale to persons over 16 would breach the rights in Article 8 (right to respect for private and family life) was considered. However, it was not felt that, even if such rights were engaged, there would be any breach of such rights. Any interference with such rights is justified on grounds of protection of health. This is set out in the explanatory notes published alongside the Heath Bill introduced in the House of Commons on 27 October 2005. A copy is available in the Library.

Secondary information