Part of the debate – in the Senedd at 5:15 pm on 28 February 2017.
Thank you, Deputy Presiding Officer. I formally move the motion.
I’m pleased to open this debate on the general principles of the Public Health (Wales) Bill. I’m grateful to Dai Lloyd, Huw Irranca-Davies and Simon Thomas and their respective committees for the scrutiny of the Bill so far. I’d also like to acknowledge the valuable contribution of stakeholders, who have engaged with the process by providing written and oral evidence.
When I introduced the Bill last November, I spoke about the proven role of legislation in improving and protecting the health of the population of Wales. I also emphasised that legislation forms one important part of a broader public health agenda aimed at preventing avoidable harm and moving closer to our aspirations for a healthy and active Wales. This Bill makes an important contribution to that agenda by taking action in specific areas for the benefit both of particular groups and communities as a whole. I’ve been encouraged during the scrutiny process to see the strong general support from stakeholders and committees for what the Bill seeks to achieve.
Each proposal in the Bill seeks to deliver real benefits for the people of Wales. For example, extending the smoke-free regime to outdoor settings of school grounds, hospital grounds and public playgrounds, as well as the other actions on tobacco, will break important new ground and build on the significant progress we’ve made over many years in protecting children from the harmful effects of smoking. Elsewhere in the Bill, the special procedures licensing system will have a number of direct benefits, from helping prevent avoidable harm to those individuals choosing to have a special procedure, to helping people to become better informed when thinking about a special procedure, and working with the sector so that the standards of best practice become the standards of all.
While the Bill focuses rightly on meeting the needs of specific groups, it also takes important steps to benefit whole communities. The requirement for public bodies to carry out health impact assessments in certain circumstances will benefit communities by helping ensure major decisions taken in Wales are informed by an assessment of their likely impact on both physical and mental health. The changes to the way pharmaceutical services are planned will enable the system to better meet the needs of local communities and better reflect the crucial public health role of community pharmacies. The requirement for local authorities to prepare local toilet strategies will encourage new and creative ways of addressing a complex public health issue.
While the Bill has already benefited from rigorous scrutiny during the fourth Assembly, this National Assembly is also, rightly, taking a very thorough approach to scrutiny during Stage 1, as demonstrated by the detailed analysis provided in the three committee reports. I intend to reply formally to those reports, but I am pleased today to outline my initial reflections on them.
Of the 19 recommendations of the Health, Social Care and Sport Committee, I’m pleased to indicate that I’m likely to be able to respond positively to the majority in a variety of ways. I intend to bring forward amendments at Stage 2 that will directly respond to some of the recommendations. These will include amendments to respond to the committee’s recommendation about offences that local authorities will be able to take into account when considering applications for special procedures licences. This will be a tangible example of how the scrutiny process and the input of stakeholders will have directly and materially strengthened the Bill. I envisage there will also be other areas where I’m able to positively respond to committees’ suggestions in ways other than amendments to the Bill. For example, I will work with partners to produce information that assists the public to locate toilet facilities available for their use locally.
However, there will be a limited number of instances where, although I don’t disagree with the intention lying behind the recommendations, I’ll be unable to respond in exactly the way the committee’s report recommends. For example, I am unable to add laser treatments to the special procedures licensing system at this stage due to a number of issues, including the potential risks of regulatory duplication. However, the Bill allows for this issue to be explored further in due course, allowing for appropriate consultation with Healthcare Inspectorate Wales, local authorities and the public.
Some of the recommendations in the committee’s report raise complex issues, which require thorough consideration. I’m particularly aware of the detailed thought the committee has given to the most appropriate age restriction for intimate piercings, for example. I’ve previously indicated I was revisiting this issue in detail in view of the evidence provided during Stage 1 and that I hoped to be able to outline my position today. Unfortunately, due to the complex considerations involved, the detailed work required, although nearing completion, is still ongoing. However, I am keen to assure Members that I’m giving very active and thorough consideration to this issue, and I will update Members as soon as I am able to do so.
Another complex issue raised by the committee concerns extending smoke-free requirements to additional settings. While I recognise the intention behind the committee’s recommendation on this point, such issues are inherently complex. I would emphasise that the Bill’s provisions that, for the very first time, seek to extend smoke-free requirements to three open spaces, already display the Welsh Government’s strong commitment to the principle of extending smoke-free areas with the aim of preventing children from seeing smoking as a normal and everyday activity. As a further indication of our commitment to this principle, I can confirm today that I’m giving active consideration to a fourth setting, namely early years settings, directly in response to the committee’s deliberations. However, due to the detailed work required, I am unable to commit to bringing forward amendments at Stage 2, but envisage that this work can be completed to enable me to bring forward amendments before the Assembly at Stage 3.
Turning briefly to the recommendations of the other committees, there are also areas where I am minded to make positive responses. These include making good on my previous commitment to bring forward amendments relating to enforcement authorities, which will help allay the concerns underpinning the recommendation of the Constitutional and Legislative Affairs Committee. I’m also able to indicate, in response to the recommendation of the Finance Committee, that I’m willing to consider the potential for identifying additional funding for local authorities to support early implementation of the Bill, recognising the crucial role of the sector in implementing this legislation, and building on the significant ways in which the Bill has already been designed to assist local authorities in meeting the obligations that the Bill will place on them.
Today marks an important milestone in the journey of this Bill. I believe the scrutiny process so far has been of significant assistance, and I look forward to Members’ contribution to that ongoing process during today’s debate.