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Health Bill

My Lords, I support this amendment on the basis of the arguments that have just been advanced by the noble Lord, Lord Monson, and the arguments advanced during the long debates in Grand Committee. The impositions on smokers and on publicans and restaurateurs are very severe. The Minister will remember that throughout Grand Committee those of us who opposed these provisions stated time and again that there was a better solution to what was being proposed—that is, the separation of smokers from non-smokers. That issue still rankles and is still being argued out even now. To suggest that the regulations that will state what is enclosed and not enclosed should be agreed by negative resolution adds insult to injury. It is important and necessary that when these regulations come before this House and the other place we have a good debate under affirmative procedure rather than having to pray against the regulations which are put before us. The Government are increasingly using Henry VIII clauses, which I believe is altogether reprehensible. In a matter of this sort, when individual freedoms are not just under threat but going to be lost, the least the Minister could do is to say that under all those circumstances the regulations will be brought forward in an affirmative order, rather than us having to pray against an order, so that Parliament, this House and another place are well aware of the seriousness of the regulations, can debate them properly and—if necessary, in this place—vote against them.