Part of the debate – in the Senedd at 5:35 pm on 28 February 2017.
Thank you, Deputy Presiding Officer. I don’t think anybody will criticise this Bill for suffering from a lack of scrutiny as I step forward as the third in a triumvirate of committee Chairs.
I do want to thank my fellow committee members for their assiduous scrutiny of this and their consistent assiduity in scrutinising the various Bills that come in front of us. We reported on this Bill on 10 February, and I’d like to briefly outline our findings just with a few remarks. But, before I do, I think it would be sensible just to reflect back on the work undertaken by our predecessor committee on a similar Bill in the fourth Assembly under our previous Chair, who’s here with us today.
When that predecessor committee reported on the Bill, it made nine recommendations to the then Minister for Health and Social Services, of which seven were accepted. The then Minister subsequently tabled amendments to give effect to those seven recommendations at Stage 2 and these were agreed by the fourth Assembly’s Health and Social Care Committee.
As the Minister has laid out, one of the principal differences between the Bill before us today and the one agreed at Stage 3 in the fourth Assembly is, of course, the removal of the restriction on the use of e-cigarettes in places such as hospitals, schools, shops, food establishments and on school and public transport, and the Minister has also referred to other changes within the Bill.
In our view, on the Constitutional and Legislative Affairs Committee, it may have been helpful and, indeed, more transparent if the explanatory memorandum had actually compared the two Bills and the differences that have come along simply for ease of understanding, not only for legislators but for members of the public as well. It may be something that we will want to look at in future, as well—it’s simple to achieve; it would have helped members and stakeholders, as well as lay people, understand how thinking had moved on, and facilitated the scrutiny process for the benefit of Welsh citizens.
One of our predecessor committee’s recommendations to the Welsh Government was to require on the face of the legislation that public authorities would be the enforcement authorities. That recommendation was not accepted, and, in our scrutiny, we noted that the new Bill continued with the same approach. However, we are very pleased that, as a result of further work by the Government, the Minister told us it was indeed her intention to bring forward an amendment at Stage 2 to meet the recommendation of our predecessor committee. We very much welcome the Minister’s decision and consider that this will strengthen the Bill by providing greater clarity.
If I could turn now to the recommendation in our current report that relates to those enforcement authorities, we recommended that the Minister should table an amendment to the Bill to ensure that enforcement authorities are fully aware of their human rights obligations when, for example, entering people’s homes. In particular, we suggested that this might be achieved through the issuing of guidance. We do believe that this would highlight the importance of human rights in discharging particularly the enforcement duties in a more effective way than could be achieved by a simple communications campaign. So, I wonder whether the Minister could perhaps further clarify her intentions on this recommendation.
But, we do welcome the comments of the Minister today and also her active engagement—her positive engagement—with the work of the committee. She has engaged very positively and she’s responded positively to the scrutiny of this committee and that of our predecessor committee, and we thank her for this—this is all good for the quality of the scrutiny within this institution.