10. The Smoke-free Premises and Vehicles (Wales) Regulations 2020

Part of the debate – in the Senedd at 4:51 pm on 20 October 2020.

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Photo of Mick Antoniw Mick Antoniw Labour 4:51, 20 October 2020

Thank you, acting Llywydd. We considered these regulations at our meeting last week, and we considered the Welsh Government's response to our reporting points during our meeting yesterday morning. Our report contains three merits reporting points.

The first merits point notes a concern that the Welsh Government has not set out its justification for interference with article 8 of the European convention on human rights. We believe that the regulations do engage article 8 of the convention, which is the right to private life. This is a qualified right, and the Welsh Government should set out its justification for any potential interference with that right. Section 7 of the Public Health (Wales) Act 2017 provides that premises in Wales are smoke free if they are workplaces, which includes certain dwellings. The regulations remove exclusions for certain types of work activities from the assessment of whether a dwelling is a workplace for the purpose of section 7. The effect of removing these exclusions is that all types of work activities will be included in the assessment of whether a dwelling is a workplace, and therefore more of these dwellings will be required to be smoke free.

Similarly, the regulations also provide that privately owned vehicles are to be smoke free when a child is in the vehicle, and in both of these situations, the regulations affect how people conduct themselves in their privately owned property. Our report asks the Welsh Government to set out how it considers that these regulations are compliant with article 8 of the European convention on human rights. In response, the explanatory memorandum has been amended to say that a very thorough assessment of the provisions contained within these regulations has taken place to ensure that they are compatible with the European convention on human rights and the United Nations Convention on the Rights of the Child. However, we do make the point that it would be more helpful if the explanatory memorandum had been updated to include the actual details of this thorough assessment.

Our second merits point highlights that there are cross-references in the regulations to provisions of the 2017 Act that are not yet in force. The Welsh Government's response to us indicates that, subject to the outcome of today's debate, a second commencement Order will be made that will commence the remaining provisions in Chapter 1 and Part 3, and related Schedules of the 2017 Act, on 1 March 2021. This would mean that the provisions around the new smoke-free regime within the 2017 Act could operate substantively from 1 March 2021 alongside the regulations. 

Our third reporting point noted that the regulations require notification to the EU in line with the requirement of the technical standards and regulations directive 2015/1535/EC, and that no objections were made by member states to the draft 2020 regulations. Thank you, acting Llywydd.