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Health Bill

moved Amendment No. 1: Page 4, line 12, at end insert- ““( ) Subject to prescribed conditions, regulations under subsection (1) shall provide that where a vehicle is being used by no more than one person at a time, even if it is a place of work, it is not smoke-free.”” The noble Lord said: My Lords, this is a slightly amended version of an amendment moved on Report by the noble Earl, Lord Howe. Partly because of the lateness of the hour—it was after 9.30 pm—and partly because the Minister had pointed out a small, but significant drafting defect, the noble Earl decided not to press his amendment at that stage, while reserving the right to return to it at a later stage. In the end, he decided not to do so, which is why some of us have picked up the baton after altering one small, but significant, word in the drafting. Perhaps I can explain. The Minister had argued that the original amendment was superfluous, since powers already existed in the Bill to enable the Government to relax slightly the very severe restrictions set out in Clause 5 if they chose ultimately to do so, at the time of the regulations being framed. This amendment therefore ensures that the restrictions in question will indeed be slightly relaxed so that it will no longer be illegal for people to smoke in vehicles used for business, provided that they are only occupied by one person at a time. Although, of course, companies, unincorporated businesses and partnerships would still have the freedom to impose their own restrictions if they so chose. The restrictions that remain in Clause 5 would still be very severe compared with the status quo or with the laws that prevail in continental Europe. The Government seem to be arguing that second-hand smoke is not only disagreeable—few would quarrel with that—but also that it is one of the most deadly poisons known to man and that it remains poisonous hours after the last smoker has left the scene. That is ridiculous and it is certainly not borne out by the everyday experience of well over 99 per cent of the population. As the noble Earl, Lord Howe, said on 19 June: "““To say that there is a potentially lethal health risk from someone getting into the cab [of a lorry or tractor] after the previous driver has been smoking there seems … ridiculous. If there is any residual smoke present, it will disappear rapidly … there should be a common-sense cut-off point in these matters””.—[Official Report, 19/06/06; cols. 603-04.]" Despite that, the Government argue that, although employees in prisons, residential care homes and hotels will have no protection, all other employees must be protected from the slightest exposure at all costs. But, even on this basis, the law will be defective. An employed salesman, for example, who flies from London to Newcastle for a day, picking up a hire car from the airport, could well find that car reeking of the smoke from the previous occupant. The same could apply if he had to spend the night in a hotel room. Moreover, the clause does not confine its tentacles to employees. As I have pointed out at earlier stages, it will hit a partnership consisting of two people who may well be a husband and wife team, both of whom smoke and neither of whom has the slightest desire to be protected from each other. To quote the noble Earl, Lord Howe, once again, the Government are ignoring ““reality and common sense””. I beg to move.