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Health Bill

As the hon. Gentleman suggests, under amendments Nos. 33 and 34, regulations made under clauses 2 and 5 would be subject to the affirmative procedure. Clause 2 makes provision for premises open to the public and those used for work to be smoke-free. It applies only to premises that are enclosed or substantially enclosed and enables regulations to be made to define the meaning of the words ““enclosed”” and ““substantially enclosed””. Meanwhile, clause 5 enables regulations to be made to provide for vehicles to be smoke-free. Those matters have been left to regulations to enable consultation with stakeholders and to allow flexibility to amend requirements if need be, based on practical post-implementation experience without the need to amend primary legislation. Given the possibly technical nature of the regulations that would be made under clauses 2 and 5, we have undertaken to conduct a public consultation exercise with respect to any draft regulation prepared. The negative procedure was selected for the exercise of those powers, as we felt that Parliament would have no good reason in particular to consider such highly technical matters in such detail that it would warrant taking the affirmative route. However, we discussed such issues in Committee, and I said that I would consider them. The hon. Gentleman has again expressed his wish for the affirmative procedure to be used, and I will listen to the views of the Delegated Powers and Regulatory Reform Committee of the other place when it comes to scrutinise the Bill. On that basis, I cannot support the amendment but remain of an open mind and open to persuasion.