The next group of amendments relates to smoke-free premises. Amendment 6 is the lead amendment in this group, and I call on the Minister for Social Services and Public Health to move and speak to the lead amendment and the other amendments in the group. Rebecca Evans.

Amendment 6 (Rebecca Evans) moved.

Thank you, Presiding Officer. The Bill, as it currently stands, would, for the very first time, make three outdoor areas smoke free. These are: school grounds, hospital grounds and public playgrounds. I've been pleased to see the broad support for this significant step that has been clear throughout the scrutiny process. During Stage 1 consideration of the Bill, a number of suggestions were made for additional outdoor areas that should be smoke free. I've been clear throughout that there are inherent complexities in such provisions, but I indicated that I would give active consideration to a fourth setting, namely early-years settings, directly in response to the evidence of stakeholders and the Health, Social Care and Sport Committee's deliberations. As a result of that consideration, I'm pleased to have brought forward the amendments in this group that would add the outdoor areas of registered care settings for children to the list of smoke-free premises. This is a natural next step that further protects children from the harmful effects of smoking and from seeing it as a normal, everyday activity.

Amendment 8 is the primary amendment in this group. It gives details of the settings to be covered, which are registered day care settings for children and child minders providing care in their own domestic premises. The outdoor areas will only be smoke free if the premises are being used for the care of children. In the case of child minders, the outdoor areas of their homes will only be smoke free if one or more children are being cared for in the outdoor area. This ensures an appropriate balance is struck between the protection of children and the rights of any smokers living in the child minder’s home.

Amendments 6 and 7 relate to those who control or are involved in the management of the day care premises, or are registered to act as a child minder. They will be required to take reasonable steps to stop people from smoking in the smoke-free premises, and the amendments also make it an offence not to do so.

Amendment 5 reflects the additional smoke-free requirements in the long title of the Bill, and amendment 9 adds the new section to be introduced by amendment 8 to a list of premises designated as smoke free by the Bill.

The remaining amendments in this group clarify that premises used wholly or mainly as dwellings cannot be made smoke free using the power under section 10 of the Bill. They also provide the conditions that must be met before premises used partly as dwellings may be made smoke free in the future, using the regulation-making power in section 10.

I ask Members to support all of the amendments in this group, which will provide important additional protections for children in Wales.

Whilst the Welsh Conservatives will be supporting the amendments in this section, we are concerned that this legislation is likely to have the largest impact on the working practices of small businesses. In many aspects, the success of this Bill is dependent on the ability of small firms to comply with the changes in legislation, so it is vital that businesses are able to fully understand the implications of the Bill.

At Stage 2, we tabled amendments to the Bill that sought to provide greater clarity on the implementation of smoke-free premises, particularly for those who are self-employed or working from home, calling for the Minister to issue targeted and thorough guidance to small businesses that could demonstrate what is expected of them in regard to changes in the law. At that stage, the Minister gave her reassurances that any guidance issued with regard to smoke-free premises would, and I quote,

‘set out people’s responsibilities in lay terms, and will therefore help persons affected by the legislation to understand what their new responsibilities are.’

The Minister went on to give further assurances that the guidance issued on the smoking ban in public places in 2007 would be updated and reissued. So, on these grounds we agreed not to re-table the amendments at Stage 3.

In regard to amendment 6, assurance must be given by the Minister that guidance will be issued to provide clarity as to what is expected of individuals in regard to this duty, as this is not yet set out in the explanatory memorandum. It is vital that some example scenarios are presented to determine what is expected of childminders to promote compliance with the law.

In this section, the initial wording of this Bill created a power for Welsh Ministers to implement additional smoke-free premises on the grounds that—and I quote—if they’re

‘satisfied that doing so is likely to contribute towards the promotion of the health of the people of Wales.’

That could potentially result in a blanket ban across the whole of Wales. Now, the Welsh Conservatives raised this issue extensively, because although we accept that it was highly unlikely that a blanket ban would be implemented, we believe that it is critical that we demonstrate that politicians in the National Assembly do create robust legislation, and that this blanket power was restricted. Despite that, at committee level, the Minister gave an assurance that there was no intent to enact a blanket ban and struck out our amendment. Therefore it is marginally ironic, but very welcome, to see that at Stage 3 the Minister has tabled further amendments to section 10 of the Bill that seek to restrict this clause, despite her assertions that it was not necessary. This restriction is welcome, and therefore we will support amendment 10. However, it is regrettable that the Minister urged others to reject a similar amendment at Stage 2.

UKIP supports extending smoke-free legislation to all settings where children could be exposed to second-hand smoke and will therefore be supporting the Minister’s amendments in this group. Diolch.

I call on the Minister to reply to the debate.

I thank Members for their support for these measures within the Bill. I would just take this opportunity to reiterate the assurances that I did give at Stage 2 regarding appropriate guidance being issued.

The question is that amendment 6 be agreed to. Does any Member object? Amendment 6 is agreed to in accordance with Standing Order 12.36.

Amendment 6 agreed in accordance with Standing Order 12.36.

Amendment 7, Minister.

Amendment 7 (Rebecca Evans) moved.

Yes, formally.

The question is that amendment 7 be agreed to, does any Member object? Amendment 7 is agreed to in accordance with Standing Order 12.36.

Amendment 7 agreed in accordance with Standing Order 12.36.

Amendment 8, Minister.

Amendment 8 (Rebecca Evans) moved.

Formally.

If amendment 8 is not agreed to, amendment 5 falls. The question is that amendment 8 be agreed to. Does any Member object? Amendment 8 is therefore agreed.

Amendment 8 agreed in accordance with Standing Order 12.36.

Amendment 9, Minister.

Amendment 9 (Rebecca Evans) moved.

Formally.

The question is that amendment 9 be agreed to. Does any Member object? Amendment 9 is agreed.

Amendment 9 agreed in accordance with Standing Order 12.36.

Amendment 10, Minister.

Amendment 10 (Rebecca Evans) moved.

Yes, move.

The question is that amendment 10 be agreed to. Does any Member object? Amendment 10 is agreed.

Amendment 10 agreed in accordance with Standing Order 12.36.

Amendment 11, Minister.

Amendment 11 (Rebecca Evans) moved.

I formally move.

The question is that amendment 11 be agreed to. Does any Member object? Amendment 11 is agreed.

Amendment 11 agreed in accordance with Standing Order 12.36.

Amendment 12, Minister.

Amendment 12 (Rebecca Evans) moved.

Formally move.

The question is that amendment 12 be agreed to. Does any Member object? Amendment 12 is agreed.

Amendment 12 agreed in accordance with Standing Order 12.36.

Amendment 13, Minister.

Amendment 13 (Rebecca Evans) moved.

Yes, move.

The question is that amendment 13 be agreed to. Does any Member object? Amendment 13 is agreed.

Amendment 13 agreed in accordance with Standing Order 12.36.

Amendment 14, Minister.

Amendment 14 (Rebecca Evans) moved.

Move.

The question is that amendment 14 be agreed to. Does any Member object? Amendment 14 is agreed.

Amendment 14 agreed in accordance with Standing Order 12.36.