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Smoke-free (Penalties and Discounted Amounts) Regulations 2007

I understand that that is currently not part of our planning. However, it would be a very good way to demonstrate our desire to be a joined-up Government, and I will certainly discuss it with colleagues in the Department for Education and Skills. The noble Lord, Lord Monson, said that he thought that ““smoke free”” might not be the most appropriate way of describing what we are doing. We went for ““smoke free”” because we believe that this is about freedom for people to breathe and, for people such as my noble friend Lord Simon, not to have asthmatic problems. Rather than talking about a smoking ban, we wanted something much more positive, which is why we went for the words ““smoke free””. However, I note what the noble Lord says about bonfires and traffic pollution. The issue of churches may already have been adequately answered by the noble Baroness, Lady O’Cathain. However, I should point out that churches are public places and workplaces, and are therefore covered by the Act. Clearly, they are often also used for secular purposes, as the noble Baroness suggested. Today, we are not debating signs, and I cannot say what signs will be needed and where they will be, but churches are workplaces. On offshore installations, the Government’s view is that, when workers on terra firma wish to smoke, they can go outside to a safe designated area. However, it may be rather difficult for them if they are on an offshore installation: they could get quite wet. Noble Lords asked about funding for enforcement by local councils, and I think that some mentioned the funding package of £29.5 million. This is to be paid over two years to fund the implementation of smoke-free legislation in local areas. Local authorities will be able to spend the funding that they receive as the need arises, including to support businesses, to understand and prepare for the new law, and to build compliance among the general public in the run-up to 1 July. The funding will also be used for enforcement activity and for other ancillary costs, such as street cleansing, once the legislation is implemented. We certainly do not want this to be an extra burden on the already stretched finances of local government. The noble Lord, Lord Monson, mentioned the role of the police. The police are not an enforcement authority under this legislation, so we trust that it will not be necessary to use their valuable time in this way. On the point made by the noble Baroness, Lady O’Cathain, there is no human right to a smoke-free environment, but employers are obliged to provide a safe place of work for their employees. It is for employers to make safe arrangements for their staff or risk claims being made to the industrial tribunal. Like my noble friend Lord Faulkner of Worcester, I am delighted that these regulations are being introduced. It is very good to have first-hand knowledge of the experience in New Zealand, as well as that in Scotland and Ireland. I confirm that we will review the legislation and the exemptions in three years. On sports stadia, I note what my noble friend said, but the fact that the Football League is to be smoke free is certainly a good step forward. I hope that my noble friend Lord Simon will havea much healthier and trouble-free life now that we have these excellent regulations. I trust that I have answered all the questions asked by noble Lords. If not—