Children and Families Bill — Offence of Smoking in a Private Vehicle When a Child or Children Are Present — 29 Jan 2014 at 18:24
The majority of Lords voted to make it clearer to ministers that they have the power to introduce a new offence of smoking in a private vehicle when a child or children are present.
The text of new clause approved in the vote was:
- Before Clause 80, insert the following new Clause—
- “Protection of Children’s health: offence of smoking in a private vehicle
- The Secretary of State may bring forward regulations making it an offence for any person who drives a private vehicle to fail to prevent smoking in the vehicle when a child or children are present.”
At the time of the vote Section 5 of the Health Act 2006[1] already gave ministers powers to require vehicles to be smoke free, and permitted them to describe which vehicles, in which circumstances, and in which areas any such law applies to and to make exemptions.
This vote took place as the House of Lords was debating the Children and Families Bill 2012-13 to 2013-14[2]
Following this vote the Government proposed their own amendment to the new clause. Frederick Curzon[3] (styled "Parliamentary Under Secretary of State for Quality Earl Howe"[4]) explained why a new version of the clause was required, saying:[5]
- While the amendment is clear in its intention, it does not address key considerations such as enforcement, offences, penalties or territorial applicability. We have a responsibility, to be sure, that any amendment that makes its way on to the statute book could work in practice. I have therefore tabled, with the support of the noble Lord, Lord Hunt, the noble Baroness, Lady Finlay, and my noble friend Lord Ribeiro an alternative amendment that could better deliver in practice the principle that your Lordships voted for at Report.
The replacement clause was approved by the House of Lords without a vote[6].
MPs in the House of Commons are due to consider if they agree with the clause approved by the Lords on Monday the 10th of February 2014[7].
- [1] Section 5 of the Health Act 2006
- [2] Parliament's webpage on the Children and Families Bill 2012-13 to 2013-14
- [3] Wikipedia on Frederick Curzon, 7th Earl Howe
- [4] Government webpage on Parliamentary Under Secretary of State for Quality The Rt Hon Earl Howe
- [5] Earl Howe (Conservative), House of Lords, 5 February 2014)
- [6] Official Record, House of Lords, 5 February 2014 (See Clause 88: Protection of children’s health: offence of smoking in a private vehicle Amendment 41)
- [7] Parliamentary Business for 10 February 2014
Party Summary
Votes by party, red entries are votes against the majority for that party.
What is Tell? '+1 tell' means that in addition one member of that party was a teller for that division lobby.
What is Turnout? This is measured against the total membership of the party at the time of the vote.| Party | Majority (Content) | Minority (Not-Content) | Turnout |
| Bishop | 1 | 0 | 4.5% |
| Con | 0 | 135 (+1 tell) | 59.4% |
| Crossbench | 30 | 25 | 28.8% |
| Green | 1 | 0 | 100.0% |
| Independent Labour | 0 | 1 | 100.0% |
| Judge | 2 | 0 | 13.3% |
| Lab | 142 (+2 tell) | 2 | 64.6% |
| LDem | 28 | 28 (+1 tell) | 55.3% |
| Non-affiliated | 1 | 0 | 3.1% |
| UKIP | 0 | 1 | 33.3% |
| UUP | 1 | 0 | 50.0% |
| Total: | 206 | 192 | 48.7% |
All lords Eligible to Vote - sorted by party
Includes lords who were absent (or abstained) from this vote.