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Smoke-free (Penalties and Discounted Amounts) Regulations 2007

Yes. They would not be exempt. BAT is able to test its products, as it does now. Rental vehicles would not be covered by these regulations if they were used primarily for the private purposes of the person who rented the vehicle. It would be the responsibility of the person renting the vehicle to ensure that it was smoke free if required under this legislation. Of course, many rental companies encourage people not to smoke in their vehicles to decrease cleaning costs and increase resale values. I noted in the short debate on this issue that took place yesterday in the other place that the Minister suggested that some large car hire companies might want to designate part of their fleet solely for those people who wish to smoke in vehicles that they hire, and other parts of the fleet solely for people who do not. She is discussing that issue with the car hire companies. Regarding the ““armies of enforcement officers””, some commentators have estimated that there will be 10,000 full-time officers across England. We believe that that is a ridiculous estimate, and it is not based on any fact that we know. We know from other jurisdictions that have introduced smoke-free laws that compliance builds very quickly and that enforcement action is generally not needed. All the stories about ““smoking spies”” are pure fantasy. Local authorities will want to help businesses to comply with the new laws in the first place so that penalties should not be necessary. There will be no spies—I give your Lordships my undertaking. We understand the concerns expressed by the noble Earl on litter problems. On planning issues such as erecting outdoor smoking bins, or ““butt bins””, on listed buildings for example, we do not anticipate wholesale restrictions on these bins everywhere or that it will be a problem. However, if there is a problem, I am sure that we will be willing to discuss it further. We clearly do not want it to be an impediment to putting bins outside. We certainly do not want cigarette butts everywhere in the streets. The noble Earl and the noble Lord, Lord Monson, asked about the £2,500 fine. No fixed penalty is available for this offence. Examples of other offences carrying a level 4 fine, which this is, include selling tobacco products to children under 16 years of age and careless driving. This is therefore a proportionate measure that will help to encourage those who manage or control premises to take compliance with these new laws seriously. I note the helpful comments of the noble Baroness, Lady O’Cathain, on the situation in Ireland. On vehicle enforcement, we should not be dissuaded from making vehicles that can be regarded as mobile workplaces or public places smoke free. The regulations set out a clear position on vehicles, and we will work with local authorities to ensure that a sensible approach to enforcement is taken. The noble Lord, Lord Monson, raised the issue of vehicles with soft tops or removable hoods. I note that that exemption came from a debate in this very Room, when the noble Earl, Lord Liverpool, raised the issue, making my colleagues in the department and our officials aware of the problem. So I put it on the record that it is thanks to the noble Earl that we have that specific exemption. The noble Lord, Lord Kirkwood, gave us his invaluable views about Scotland, and the fact that Scotland’s experience demonstrates that education is key and that we must start communicating now with people about the changes that will take place. The Department of Heath and various others will be marking 23 March, the beginning of the 100-day countdown to 1 July, as a start. Various things, such as badges, posters and pens, have already been produced.