English Votes on English Laws

Debate between Charles Walker and Ian Paisley

Tuesday 7th July 2015 Commons Chamber

[Mr Walker]

I hope that extra time is indeed feasible. That is what I am asking for. It would be disastrous for the House and its ability to scrutinise and amend Bills if Report were truncated to take account of these new stages. Indeed, we might have to accept that the legislative process attached to certain Bills will become longer. Something will have to give. Either we will have to spend more time scrutinising fewer Bills, or we will have to extend the parliamentary day. More time will have to be found in the parliamentary week, or we will have to consider having fewer Bills.

[Ian Paisley]

Does this not sound more and more like the proverbial dog’s dinner in terms of its resolution and the procedures that will have to be introduced as a result?

[Mr Walker]

It is for the hon. Gentleman to make that point. As I said, I want to keep out of the politics. I know that that is difficult for a Member of Parliament, but I will try my best.

I have briefly covered my concerns about Report, which I believe are shared by other colleagues I have spoken to.

Children and Families Bill

Debate between Charles Walker and Ian Paisley

Monday 10th February 2014 Commons Chamber

[Mr Charles Walker]

My concern about the Lords amendment is that we are in danger of criminalising otherwise very loving parents. We should guard against that. It would be appalling if people who have been good parents in every other way found themselves being criminalised as a result of smoking in a car when their children were present.

I hear the argument about seat belts and it is perfectly and entirely reasonable for the Government to set the terms of their use on the road. If the Government decide that someone who wants to drive on a road has to wear a seat belt, that is highly reasonable. I suggest that, if the Government really are determined to press ahead with banning smoking in cars, that is exactly what they should do: they should ban the consumption of alcohol in cars by any person of any age and ban smoking in cars by any person of any age. That would be a much more honest approach, because, as I have said, if we go down this road we will be criminalising hundreds of thousands of parents. Will a repeat offender—someone who has been penalised three or four times—have their children taken into care because they are deemed to be an abusive parent?

There is an enormous degree of hypocrisy in this House. I am pleased to say that I am a teetotal non-smoker. There are many people in this place who want to ban smoking because they think it is not done by very nice people, but they are much more relaxed about alcohol because of their own habits. If Members are genuinely concerned about the welfare of children, they need to realise that alcohol is the problem, not tobacco. Hundreds of thousands of children have their lives blighted by alcoholic parents and the problems associated with alcohol, yet we never talk about that in this House, because some Members think, “We, as nice people, drink.” I am extremely concerned about the direction of travel.

My final point—I know that others want to speak—is that we will drive another wedge between the police and those they are policing if we implement this provision. It is nonsense. We will expect the police to intervene and that will further widen the gap between them and those they are policing. That should be avoided and we should be very careful about widening that gap.

[Ian Paisley]

Like a number of Members, I am deeply concerned that this provision means that Parliament will slowly but surely become a farce. If Parliament wants to start legislating on issues for reasons of good public relations, this provision is a good idea. However, if we peel it back and look at the evidence, we will see that it is not essential.

We should take time to reflect on the evidence in favour of the Lords amendments. On legislating to prevent people from smoking in cars when children are present, let us be clear that the law, under rule 148 of The Highway Code, currently prevents a driver from smoking in any vehicle. He or she should not smoke in any vehicle when driving, so Lords amendment 125 is about the behaviour of passengers and not necessarily that of the driver. That will make it even more difficult for the enforcer—the police officer—to determine the actions and age of those smoking in a vehicle. We should be in the business of making good, sound and solid legislation, and I do not believe that this provision has been properly thought out. It should be taken back to the drawing board and we should consider who the passenger is and who the provision will affect.

The issue of enforcement is utterly critical, because the police are already not properly resourced to do the job they are currently asked to do in combating real criminals. If we set up another criminal class in the community, we will have to ask the police to go after them. Some police officers will take great joy in going after a soft-touch conviction, but that is missing the point and we have to recognise that the police would not have sufficient resources to tackle the issue.

The crux of the matter is: how many people actually engage in smoking in a vehicle when there is a child present? All we have heard from Members on both Front Benches is a guesstimate, not facts. When New Zealand carried out a similar action, it found that 0.13% of people smoked in a vehicle with a child present. We are asking this nation to legislate on something that is an incredibly minor problem.