The majority rejected a proposed addition to the Greater London Authority Bill^[1] that would have allowed a taxi driver to enforce a "No Smoking" sign in his vehicle.

• [1] Greater London Authority Act 1999
• [2] Clause 10, House of Commons, 4 May 1999.

Those voting Aye in the division allowed the introduction of a bill to ban smoking in restaurants.

This bill sought to ban smoking in public places in Wales. The following outline was given at the start of the debate:

The purpose of the Bill is to give the National Assembly for Wales the powers that it requires to protect employees and members of the public in Wales from the effects of second-hand smoke. The Bill has the backing of hon. Members of all parties and of many organisations and individuals across Wales and England, including the British Medical Association, the Royal College of Nursing in Wales, the Wales TUC, the Chartered Institute of Environmental Health, Asthma UK, the British Heart Foundation, the British Lung Foundation and Cancer Research UK.

Those voting Aye were voting to allow the bill to proceed to the next stage in the life of a bill - where the details are hammered out in committee.

The House divided: Ayes 14, Noes 7.

Although the Ayes had the majority, the total of 21 voters fell short of the 40 required for any motion to be agreed to or rejected. As a result, the bill was carried over into the next sitting of the House.

Those voting Aye accepted for consideration a New Clause (first on the page) of the Health Bill. The technical term is that the clause was "read a Second time".

This New Clause outlined circumstances where the "appropriate national authority" (eg local government) could create regulated exceptions to the smoke-free law. These exceptions would be limited to:

(a) any premises where a person has his home, or is living whether permanently or temporarily (including hotels, care homes, and prisons and other places where a person may be detained),

(b) ... any premises in respect of which a club premises certificate (within the meaning of section 60 of the Licensing Act 2003 (c.17)) has effect.

In the next vote, Division 164, the MPs voted to delete part (b) of this clause under consideration. And in their third vote, Division 165, they voted to actually insert the clause into the Health Bill.

The technical transcript of this process can be found at the bottom of the page of the debate.

By doing this they made it impossible for local authorities to create exemptions for private clubs as defined within the meaning of section 60 of the Licensing Act 2003 (c.17).

See the previous vote, Division 163 for further details.

Those voting Aye agreed that the proposed New Clause (first on the page) as amended (by the removal of part 2(b)) should be inserted into the Health Bill.

See the previous vote, Division 163, for further information.

This New Clause outlined circumstances where the "appropriate national authority" (eg local government) could create regulated exceptions to the smoke-free law for "any premises where a person has his home, or is living whether permanently or temporarily (including hotels, care homes, and prisons and other places where a person may be detained)"

The Aye-voters passed the Health Bill (technically, they gave it it's Third Reading). This was the last vote in parliament before it goes to the House of Lords for scrutiny.

This bill covered a wide range of health topics with the following outline.

• Part 1 - Smoke-free premises, places & vehicles
• Part 2 - Prevention & control of health care associated infections
• Part 3 - Drugs, medicines & pharmacies
• Part 4 - The NHS
• Part 5 - Appointments commission
• Part 6 - Miscellaneous
• Part 7 - Final provisions

The majority of MPs voted not to relax the smoking ban and allow smoking in pubs and private members clubs where no food is being served.

MPs refused David Nuttall, Conservative MP for Bury North, permission to bring in a private members bill to exempt pubs and private clubs from the smoking ban.

The text of the motion the MPs rejected was:

• 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.

Mr Nuttall's speech^[1] explains his rationale for seeking to bring in such a bill.

• [1] David Nuttall MP, House of Commons 13th Oct 2010

The majority of MPs voted for a ban on smoking in private vehicles where there are children present.

The motion supported by the majority of MPs in this vote was:

• That leave be given to bring in a Bill to require the Secretary of State to make provision for a ban on smoking in private vehicles where there are children present; and for connected purposes.

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

The majority of MPs voted to make it an offence to for someone in charge of an enclosed vehicle to fail to prevent smoking within it if someone under 18 is present.

The regulations approved in this vote allow the police to issue fixed penalty notices in relation to the offence (the penalty being £50, with a discounted amount of £30). An exception for smoke-free private vehicles from the requirement to display no smoking signs was also provided for in the regulations.

Technically the regulations extend the scope of the offence in Section 8(4) of the Health Act 2006 to cover enclosed vehicles in the presence of children.

The motion approved by the majority of MPs taking part in this vote stated:

• That the draft Smoke-free (Private Vehicles) Regulations 2015, which were laid before this House on 17 December 2014, be approved.

==

• [1] Explanatory note to the regulations
• [2] The Smoke-free (Exemptions and Vehicles) Regulations 2007 which contain the definition of an enclosed vehicle.

*Pressure of other work means MPs or Lords are not always available to vote – it does not always indicate they have abstained. Therefore, being absent on a less important vote makes a disproportionatly small difference.