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Health Bill

In considering the exemption, which can be very tightly drawn, I had to consider what was sensible and how to act in proportion to the risk involved. Different places have approached the matter in different ways. Our exemption mirrors that in California’s smoke-free legislation, which has been held up as a shining example many times during our discussions. I also touched on the matter when I was in New York recently, as it concerns theatres there. Hon. Members have asked who will decide what is integral to the plot or storyline. It will be for the performers and the management of the theatre or premises to satisfy themselves that smoking is an integral part of the artistic performance. Objections can be made to the enforcement authority, which will then investigate the matter and decide whether it wants to press the case. Ultimately, it is for the courts to decide whether smoking can rightly be considered an integral part of the artistic performance. We must not forget that the management of a theatre will want to be convinced that smoking is integral. They are, after all, responsible, by virtue of clause 8, for ensuring that smoking does not take place inappropriately. Other jurisdictions have found that they are able to enforce such legislation, but the consultation process will give us an opportunity to explore the matter further.