Children and Families Bill

Debate between Lord Stoddart of Swindon and Baroness Masham of Ilton

Wednesday 5th February 2014 Lords Chamber

[Lord Stoddart of Swindon (Ind Lab)]

My Lords, I am not going to break the consensus but I must declare an interest—as I did previously—in that I am an associate member of the Lords and Commons Cigar and Pipe Smokers’ Club.

This House has made its decisions on these matters and it is not for me, nor anyone else, to say that it was wrong, particularly since one of the amendments was voted on and carried. The House of Commons has yet to consider these amendments and I have no doubt that it will do so in its wisdom and in the knowledge that one of its duties is to protect all minorities, as well as majorities.

The noble Lord, Lord Faulkner of Worcester, helpfully quoted a Minister as saying that the policy of the Government was to stamp out smoking altogether. That is fair enough, but if that is their view—if they believe that smoking is so dangerous that it ought to be stamped out altogether—why do they not bring forward a Bill to make tobacco smoking illegal? I have asked that question before; I have never had an answer, and I doubt very much whether I am going to get an answer today. Those who take to smoking provide the Treasury with about £10.5 billion in extra revenue every year. An honest Government—a Government who put principle before financial gain—would say that this is so dangerous that we ought not to allow it to happen. I do not think that the Government will say that today.

I wish to ask one or two questions for clarification in relation to Amendment 41. The noble Earl has said “smoking in cars” several times today, but that is not what the amendment says. Amendment 41 refers to where a person under the age of 18 is present “in the vehicle”. There are many more vehicles than cars. I do not want to be helpful to the Government, but I am being helpful in pointing this out.

This clarification is necessary because, of course, there are other kinds of vehicle. What about motor caravans? They are not cars—they are big lorries, if anything. Is smoking to be banned in a motor caravan, which is a living space? A towed caravan is also a living space. Will they be affected? What about rickshaws? Smoking in cabs, incidentally, is already banned, if I am not mistaken, under previous legislation. We do not have a ban on rickshaws but we do have rickshaws in London. Are they vehicles? These matters ought to be clarified.

Another kind of vehicle that someone raised with me—I did not think of it myself—is a motor launch. Is that a vehicle? Will smoking be banned in launches when children are present?

These matters need clarifying and the Government will have the opportunity in another place to make those clarifications. I hope that I have been helpful.

[Baroness Masham of Ilton (CB)]

My Lords, I welcome these amendments and I congratulate the noble Earl and all concerned. With this legislation there must be education. Smoking is a public health matter and I hope that local authorities will take up these measures with great energy and that the other place will accept them.