Children and Families Bill — Offence of Smoking in a Private Vehicle When A Person Under 18 is Present — 10 Feb 2014 at 19:15

The majority of MPs voted to make clear to ministers that MPs have given them the power to create a new law requiring private vehicles be smoke-free where a person under the age of 18 is present in the vehicle.

Those voting with the majority were presumably expressing support for such a new law being brought in.

MPs were considering changes to the Children and Families Bill^[1] proposed by the House of Lords.

The text of the approved motion approved by the majority of MPs was:

• That this House
• agrees with Lords amendment 125.

Lords amendment 125^[2] introduced a new clause, titled "Protection of children’s health: offence of smoking in a private vehicle", which stated:

• Regulations under this section may in particular provide for a private vehicle to be smoke-free where a person under the age of 18 is present in the vehicle.”

The clause contained provisions relating to enforcement, involving Fixed Penalty Notices.

At the time of the vote Section 5 of the Health Act 2006^[3] 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. The effect of the new clause was to illustrate a specific manner in which ministers could use this delegated power.

This vote by MPs in the House of Commons came about following a House of Lords vote on the 29th of January 2014.

The day following the vote the Government reportedly expressed an intent to use their powers to ban smoking in cars with children present by the time of the 2015 General Election.^[4]

• [1] Parliament's webpage on the Children and Families Bill 2012-13 to 2013-14
• [2] Page of Lords Amendments to the Bill containing the text of Lords' amendment 125
• [3] Section 5 of the Health Act 2006
• [4] Ministers hope to ban smoking in cars carrying children before election - Rowena Mason - Guardian - Tuesday 11 February 2014 09.31 GMT

Debate in Parliament | Source |