---

Health Bill

moved Amendment No. 39:"Page 6, line 6, at end insert—" ““(   )   A person on whom a duty is imposed under subsection (1) may delegate it to another person, either orally or in writing.”” The noble Earl said: In moving amendment No. 39, I should like to speak to Amendment No. 41 as well. These are straightforward amendments, which I hope speak for themselves. On Amendment No. 41, the concern has been expressed to me in a letter received from a member of the public that where there is a village hall, church hall or parish room—in other words, a community facility which can be hired out for parties, events or activities—there should not be a need for a member of the management committee to be personally present throughout every party or event to ensure that the terms of Clause 8 are adhered to. If that really were a requirement of the legislation, then without question the viability of village halls, parish rooms and similar locations would be destroyed overnight. My amendment suggests that it ought to be sufficient, in cases such as these, for the hirers of the hall or room to be told formally by the management that the place is smoke-free before the event begins. If they are so advised, the management are not then liable to fall foul of Clause 8 if the hirer then allows smoking to take place. In other words, the onus falls upon the hirer of the venue. A similar point could be made in relation to any hired-out room or premises where there is no direct supervision by the owner or manager. That is why I have suggested, in Amendment No. 39, that in some circumstances it is appropriate for responsibility over smoke-free premises to be delegated. Supervision by the management—that is, direct supervision—is frequently not practical. Where it is not, it ought to be possible for the responsibility to be passed to someone else. I hope that the Minister will reassure me that the duties imposed on the management to ensure that if anyone lights up they are told to stop will not result in the law unfairly catching owners and managers. I beg to move.