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Smoke-free (Penalties and Discounted Amounts) Regulations 2007

I am very grateful for the broad welcome that most noble Lords have given the regulations. I shall attempt to answer all the points raised today. The noble Earl, Lord Howe, raised some points on the Children and Young Persons (Sale of Tobacco etc.) Order 2007. We do not think that there will be a significant knock-on effect on illicit sales. We are not aware of evidence on that point from Ireland, which recently increased the age limit from 16 to 18. We know that children get their cigarettes from a variety of sources, not only shops but friends and families. Street sellers are one source, but our information indicates that only about 5 per cent of young smokers have bought cigarettes from street sellers and that a smaller number get them from their parents—how disgusting. We therefore do not believe that this is a matter of major concern, although it is concerning. It is wise for us to monitor future surveys to identify and act on any changes that might occur. I turn to why the exemptions for mental health units are different from those for, for example, prisons and hotels. When we embarked on our consultation our proposals for mental health units were similar to those for the other places, that they should be exempt. However, the overwhelming response to the consultation was that all residents in mental health units had a right to have long-term exemptions. The respondents gave a range of reasons; for example: people with mental illness already faced health inequalities and stigma which can be exacerbated by perpetuating smoking in mental health units; given the health inequalities faced by mental health patients, there should be concern for the physical health as well as the mental health of these patients; as the Government have made a White Paper commitment to make the NHS smoke-free, why should mental health patients not benefit from that commitment; and that a culture of smoking exists in mental health settings among residents and staff, and some smokers who go into mental health units as non-smokers leave as smokers. Some people put the contrary view as expressed by the noble Lord, but they were in the minority at, I think, 25 per cent as opposed to 69 per cent of respondents. Therefore, as the noble Earl will know, we have decided that there will be a sunset clause, and that there will be exemptions. There will be bedrooms or rooms used only for smoking, which must meet the conditions set out in the regulations. The mental health units must designate either bedrooms or rooms to be used only for smoking for persons over the age of 18 until 1 July 2008; thereafter, there will be a total exemption. It was also felt that this was a much simpler process for the people managing the mental health units to deal with. In response to the point about carers and domestic workers—and what about carpet fitters?—we consider that delivery men and carpet fitters would be covered by the provisions in the regulations because such people maintain the structure and the fabric of the building. They will not be exempt; we are looking after their interests as well. I see that the noble Lord does not quite agree with that, but it is the view of the Government. With regard to artistic performances, the Government have also received communications from various people involved in the business who have asked why rehearsals cannot be included as well as artistic performances. The Government’s view is that people can practise smoking, or whatever, outside, where they are perfectly free to smoke—or, if it is for artistic purposes, they can use pretend cigarettes. We believe it is necessary for people to be allowed to smoke only during the performance for artistic effect. We have considered that carefully, and that is the view. In response to the point about research and testing facilities, in November last year, British American Tobacco wrote to officials in the Department of Health to confirm its understanding that its research and development activities would not be affected by the exemption—if that was the point the noble Earl was making.