Public Houses and Private Members’ Clubs (Smoking) Bill

David Nuttall Excerpts

Wednesday 13th October 2010 Commons Chamber

[Mr David Nuttall (Bury North) (Con)]

I beg to move,

That leave be given to bring in a Bill to exempt public houses and private members’ clubs from the requirements of part 1 of the Health Act 2006 relating to smoke-free premises; and for connected purposes.

Let me first declare an interest, in that I am a member of the Salisbury Conservative club in Bury, which is a private members’ club. In common, no doubt, with many right hon. and hon. Members on both sides of the House, I also visit public houses from time to time. I must also declare at the outset that I am a devout non-smoker. I have never smoked, and indeed I would encourage others not to start smoking. I would also encourage those who do smoke to stop. I am entirely persuaded that smoking can cause potentially fatal diseases. That said, however, smoking remains entirely legal, and the Treasury benefits by many billions of pounds each year from excise duties and VAT on the sale of tobacco products.

It is now more than three years since the outright prohibition on smoking in public places was introduced on 1 July 2007. Since that time, the ban has been widely accepted in most areas. Although there are arguments for it to be completely repealed, this Bill aims to deal with what has perhaps been the most contentious aspect of the ban—namely, its application to public houses and private members’ clubs. This Bill would exempt such premises from part 1 of the Health Act 2006 and allow them to reintroduce a smoking room if those in charge chose to do so. Smoking would be permitted in a separate room, provided that appropriate and effective air extraction equipment was fitted. Smoking would continue to be prohibited where food was being served.

In considering this motion, it is worth recalling that the Labour party’s 2005 manifesto stated that

“all restaurants will be smoke-free, all pubs and bars preparing and serving food will be smoke-free; and other pubs and bars will be free to choose whether to allow smoking or be smoke-free. In membership clubs the members will be free to choose whether to allow smoking or to be smoke-free.”

If only the previous Labour Government had stuck to their manifesto commitment, there would perhaps have been no need for this Bill.

I submit that there are two main reasons why the blanket ban should be relaxed and smoking should once again be permitted in public houses and private members’ clubs. First, there is the economic case; and, secondly, there is what I believe to be an even more important reason—namely, freedom of choice and the desirability of devolving decisions to the lowest appropriate level.

Let me deal briefly with the economic argument. Since the ban was introduced, thousands of public houses have closed down. As ever with statistics, it is possible to choose the ones that best suit the desired argument. Few could argue against the fact, however, that since the introduction of the smoking ban, thousands of public houses have closed down. I do not claim that the smoking ban was the only cause of all those closures, as other factors such as the availability of lower-price drinks from supermarkets, the cost of satellite television and the general economic climate no doubt all played a part. For many, however, the smoking ban was the final straw.

One does not have to travel very far in my constituency to find a public house that has called time for the very last time. There are closed public houses in Bury and in Ramsbottom that are now for sale, and “To let” signs outside public houses are becoming increasingly commonplace. This picture appears to be replicated in constituencies throughout the country. When a rural pub or a local community pub closes down, everyone loses out, not just those who wish to smoke.

Let me turn to deal with the second reason—freedom of choice and localism. I believe that in the case of a private members’ club, the decision should be taken by the members of that club. I believe that the decision on whether smoking takes place in a public house should be taken by the pub landlord. I believe in trusting the people. This means giving individuals the power and the responsibility to take decisions for themselves.

Pub landlords are the right people to decide whether allowing a smoking room is the best thing to do for their establishments. Some would no doubt choose to take advantage of the freedom that the Bill would give them, but I know from my own constituency that many would not. As smoking would continue to be prohibited where food was being served, many public houses would remain just as they are today. Customers would have a choice whether to use a completely non-smoking pub or to use one with a smoking room. The establishment of separate smoking rooms in some pubs would also reduce the incidence of smokers’ being forced to gather on the pavements outside pubs.

The Bill puts into practice the principle of localism that my right hon. Friend the Prime Minister set out with such clarity in his speech to the Conservative party conference last week. It transfers power from the state to the citizen, from politicians to people. It puts the “local” back into localism, and I commend it to the House.