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].

Debate in Parliament | Source |

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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.

PartyMajority (Content)Minority (Not-Content)Turnout
Bishop1 04.5%
Con0 135 (+1 tell)59.4%
Crossbench30 2528.8%
Green1 0100.0%
Independent Labour0 1100.0%
Judge2 013.3%
Lab142 (+2 tell) 264.6%
LDem28 28 (+1 tell)55.3%
Non-affiliated1 03.1%
UKIP0 133.3%
UUP1 050.0%
Total:206 19248.7%

Rebel Voters - sorted by party

Lords for which their vote in this division differed from the majority vote of their party. You can see all votes in this division, or every eligible lord who could have voted in this division

Sort by: Name | Party | Vote

Lord Bew Crossbenchno
Baroness Boothroyd Crossbenchno
Baroness Butler-Sloss Crossbench (front bench)no
Viscount Colville of CulrossCrossbenchno
Lord Condon Crossbenchno
Lord Craig of RadleyCrossbench (front bench)no
Lord Dear Crossbench (front bench)no
Lord Greenway Crossbenchno
Lord Laming Crossbench (front bench)no
Baroness Lane-Fox of SohoCrossbenchno
Lord Luce Crossbenchno
The Earl of LyttonCrossbench (front bench)no
Lord Palmer Crossbench (front bench)no
Lord Pannick Crossbenchno
Lord Patel Crossbench (front bench)no
Lord Ramsbotham Crossbench (front bench)no
Lord Rowe-Beddoe Crossbench (front bench)no
The Earl of SandwichCrossbench (front bench)no
Lord Skidelsky Crossbench (front bench)no
Viscount Slim Crossbenchno
Lord Stevens of KirkwhelpingtonCrossbenchno
Lord Sutherland of HoundwoodCrossbenchno
Lord Thomas of SwynnertonCrossbenchno
Lord Walpole Crossbench (front bench)no
Baroness Warnock Crossbenchno
Baroness Golding Labno
Lord Howie of TroonLabno
Lord Addington LDem (front bench)aye
Lord Avebury LDemaye
Baroness Bakewell of Hardington MandevilleLDem (front bench)aye
Baroness Benjamin LDemaye
Lord Carlile of BerriewLDemaye
Lord Clement-Jones LDem (front bench)aye
Lord Cotter LDemaye
Viscount Falkland LDemaye
The Earl of GlasgowLDemaye
Baroness Grender LDemaye
Baroness Humphreys LDem (front bench)aye
Lord Kirkwood of KirkhopeLDem (front bench)aye
Baroness Linklater of ButterstoneLDemaye
Baroness Manzoor LDemaye
Lord Oakeshott of Seagrove BayLDemaye
Lord Paddick LDemaye
Lord Redesdale LDemaye
Lord Roberts of LlandudnoLDem (front bench)aye
Lord Rodgers of Quarry BankLDem (front bench)aye
Baroness Sharp of GuildfordLDem (front bench)aye
Lord Shipley LDem (front bench)aye
Lord Shutt of GreetlandLDem (front bench)aye
Lord Smith of CliftonLDem (front bench)aye
Lord Strasburger LDemaye
Lord Taverne LDemaye
Baroness Thomas of WinchesterLDem (front bench)aye
Baroness Tonge LDemaye
Baroness Tyler of EnfieldLDemaye
Baroness Walmsley LDemaye
Baroness Williams of CrosbyLDemaye
Lord Maginnis of DrumglassNon-affiliatedno

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