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

Mike Penning MP, Hemel Hempstead voted against a new law requiring private vehicles be smoke-free where a person under the age of 18 is present in the vehicle.

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]

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 are Boths? An MP can vote both aye and no in the same division. The boths page explains this.

What is Turnout? This is measured against the total membership of the party at the time of the vote.

PartyMajority (Aye)Minority (No)BothTurnout
Con126 100 (+2 tell)175.1%
DUP0 2025.0%
Green1 00100.0%
Independent1 0050.0%
Lab202 (+2 tell) 0079.4%
LDem41 4080.4%
PC2 0066.7%
SDLP2 0066.7%
Total:375 106176.5%

Rebel Voters - sorted by party

MPs 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 MP who could have voted in this division

Sort by: Name | Constituency | Party | Vote

NameConstituencyPartyVote
Sir David AmessSouthend WestCon (front bench)no
Stuart AndrewPudseyConno
Richard BaconSouth NorfolkCon (front bench)no
Steven BakerWycombeConno
Harriett BaldwinWest WorcestershireCon (front bench)no
Guto BebbAberconwyCon (front bench)no
Henry BellinghamNorth West NorfolkConno
Richard BenyonNewburyConno
Andrew BinghamHigh PeakCon (front bench)no
Brian BinleyNorthampton SouthCon (front bench)no
Angie BrayEaling Central and ActonConno
Andrew BridgenNorth West LeicestershireCon (front bench)no
James BrokenshireOld Bexley and SidcupCon (front bench)no
Conor BurnsBournemouth WestConno
Alun CairnsVale of GlamorganCon (front bench)no
Douglas CarswellClactonConno
James ClappisonHertsmereCon (front bench)no
Kenneth ClarkeRushcliffeCon (front bench)no
Therese CoffeySuffolk CoastalConno
David DaviesMonmouthCon (front bench)no
Glyn DaviesMontgomeryshireCon (front bench)no
Philip DaviesShipleyCon (front bench)no
Jonathan DjanoglyHuntingdonConno
Jackie Doyle-PriceThurrockCon (front bench)no
Iain Duncan SmithChingford and Woodford GreenCon (front bench)no
Michael FallonSevenoaksCon (front bench)no
Mark FieldCities of London and WestminsterCon (front bench)no
Liam FoxNorth SomersetConno
Mark FrancoisRayleigh and WickfordCon (front bench)no
Richard FullerBedfordCon (front bench)no
Roger GaleNorth ThanetCon (front bench)no
Edward GarnierHarboroughConno
James GrayNorth WiltshireCon (front bench)no
Chris GraylingEpsom and EwellCon (front bench)no
Damian GreenAshfordCon (front bench)no
Ben GummerIpswichConno
Sam GyimahEast SurreyCon (front bench)no
Robert HalfonHarlowCon (front bench)no
Greg HandsChelsea and FulhamCon (front bench)no
Mark HarperForest of DeanConno
Simon HartCarmarthen West and South PembrokeshireCon (front bench)no
John HayesSouth Holland and The DeepingsCon (front bench)no
Gordon HendersonSittingbourne and SheppeyCon (front bench)no
Charles HendryWealdenConno
Damian HindsEast HampshireConno
Mark HobanFarehamConno
George HollingberyMeon ValleyCon (front bench)no
Philip HolloboneKetteringCon (front bench)no
Kris HopkinsKeighleyCon (front bench)no
Gerald HowarthAldershotConno
Gareth JohnsonDartfordCon (front bench)no
Daniel KawczynskiShrewsbury and AtchamConno
Greg KnightEast YorkshireCon (front bench)no
Edward LeighGainsboroughCon (front bench)no
Charlotte LeslieBristol North WestCon (front bench)no
David LidingtonAylesburyCon (front bench)no
Jonathan LordWokingConno
Tim LoughtonEast Worthing and ShorehamContellno
Karen LumleyRedditchCon (front bench)no
Anne MainSt AlbansCon (front bench)tellno
Theresa MayMaidenheadCon (front bench)no
Karl McCartneyLincolnCon (front bench)no
Anne McIntoshThirsk and MaltonCon (front bench)no
Esther McVeyWirral WestCon (front bench)no
Patrick MercerNewarkConno
Stephen MetcalfeSouth Basildon and East ThurrockCon (front bench)no
Nigel MillsAmber ValleyCon (front bench)no
Stephen MosleyCity of ChesterCon (front bench)no
Bob NeillBromley and ChislehurstCon (front bench)no
David NuttallBury NorthCon (front bench)no
Eric OllerenshawLancaster and FleetwoodConno
Richard OttawayCroydon SouthCon (front bench)no
Mike PenningHemel HempsteadCon (front bench)no
John PenroseWeston-Super-MareCon (front bench)no
Andrew PercyBrigg and GooleCon (front bench)no
Claire PerryDevizesCon (front bench)no
Christopher PincherTamworthCon (front bench)no
Mark PriskHertford and StortfordConno
John RedwoodWokinghamConno
Jacob Rees-MoggNorth East SomersetCon (front bench)no
Andrew RobathanSouth LeicestershireCon (front bench)no
Hugh RobertsonFaversham and Mid KentCon (front bench)no
Laurence RobertsonTewkesburyCon (front bench)no
Keith SimpsonBroadlandConno
Mark SpencerSherwoodCon (front bench)no
Rory StewartPenrith and The BorderCon (front bench)no
Graham StuartBeverley and HoldernessCon (front bench)no
Julian SturdyYork OuterConno
Robert SymsPooleCon (front bench)no
Elizabeth TrussSouth West NorfolkCon (front bench)no
Andrew TurnerIsle of WightCon (front bench)no
Andrew TyrieChichesterCon (front bench)no
Martin VickersCleethorpesCon (front bench)no
Theresa VilliersChipping BarnetCon (front bench)no
Charles WalkerBroxbourneCon (front bench)no
Robert WalterNorth DorsetConno
Angela WatkinsonHornchurch and UpminsterCon (front bench)no
Mike WeatherleyHoveConno
Heather WheelerSouth DerbyshireCon (front bench)no
John WhittingdaleMaldonCon (front bench)no
Bill WigginNorth HerefordshireConno
Jeremy WrightKenilworth and SouthamCon (front bench)no
Mark MenziesFyldeConboth
Jeremy BrowneTaunton DeaneLDem (front bench)no
Don FosterBathLDem (front bench)no
David HeathSomerton and FromeLDem (front bench)no
Mark HunterCheadleLDem (front bench)no

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