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Health Bill

The Committee will notice that Amendment No. 18 is grouped. This must have been at the Government’s request so, presumably, I am enabled to speak to Amendment No. 18. Basically Amendment No. 18 was put down in my name and that of the noble Lord, Lord Stoddart, because we wondered why we need subsection (3). It seems to me that Clause 3 has been—quite rightly—the most contentious clause in Part 1 of the Bill. In part, that arose out of the peculiar drafting. Clause 3(1) enables national authorities to make regulations providing for certain descriptions of premises, or specified areas within them, not to be smoke-free. I think we have understood that now. Clause 3(2) gives illustrative examples of descriptions that might be so specified. It was this paragraph which previously stated that certain licensed premises and genuine membership clubs could be exempted. Clause 3(2) now only gives the illustrative example of a person’s home or living accommodation. Up to Report stage in another place, it was argued that with or without Clause 3(2) the clause enabled any description of premises to be exempted, and that this flexibility was important. In the end, they decided to promote the prohibition of any exemptions for licensed premises and premises with club premises certificates. Even with that change, Clause 3(2) remains redundant. Even Clause 3(3) was not necessary, as the clause as it originally stood did not oblige any regulations to be made exempting any premises of any kind. Bills are complicated enough, and I suggest that the Government give consideration to the removal of subsection (3).