Part of 6. 6. Debate on Stage 3 of the Public Health (Wales) Bill – in the Senedd at 3:56 pm on 9 May 2017.
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.