Ban on outdoor smoking in hospitality settings not being considered – minister

Smoking outside schools, children’s playgrounds and hospitals will be prohibited under the Tobacco and Vapes Bill.

By contributor Rhiannon James and Will Durrant, PA Political Staff
Published
A man using a disposable vape
The Government distanced itself from plans to ban smoking in the gardens of pubs, bars and restaurants last year (Jacob King/PA)

Extending an outdoor smoking ban to hospitality settings is not being considered “at this time”, a health minister told the Commons.

The Government distanced itself from plans to ban smoking in the gardens of pubs, bars and restaurants last year, following concerns raised by the hospitality sector.

Smoking outside schools, children’s playgrounds and hospitals will be prohibited under the Tobacco and Vapes Bill.

The Bill also aims to create a smoke-free generation with anyone born after January 1 2009 to be prevented from legally smoking, by gradually raising the age at which tobacco can be bought.

Health minister Ashley Dalton elected at by-election
Health minister Ashley Dalton (Peter Byrne/PA)

A total ban on vape advertising and sponsorship, including displays seen by children and young people such as on buses, in cinemas and in shop windows, is also included in the Bill, bringing them in line with tobacco restrictions.

Speaking at the Bill’s report stage, health minister Ashley Dalton urged MPs not to listen to the “tobacco industry’s arguments and myths about how people should be free to make their own choices”.

She added: “Smoking kills two-thirds of its users, three-quarters of people wish they’d never started smoking, and the majority want to quit. That’s not freedom of choice, the tobacco industry took away their choice with addiction, usually at a young age.

“In relation to smoke-free places, we’ve been clear, in England we intend to consult on extending smoke-free outdoor places to outside schools, children’s playgrounds and hospitals – but not outdoor hospitality settings, at this time.”

Ms Dalton continued: “While I understand honourable members’ proposals to list specific places on the face of the Bill, or to add additional limits to the use of the powers, it is right that we consult on the detail before making regulations, and have the necessary powers to protect children and vulnerable people from the harms of second-hand smoking.”

Shadow health minister Dr Caroline Johnson accused the Government of attempting a “power-grab” when it comes to designating smoke-free places.

She said: “We oppose the Government’s power-grab of taking powers to ban smoking and vaping wherever they choose … by regulation, but without consultation or necessary-enough notice.”

Liberal Democrat health spokeswoman Helen Morgan tabled an amendment which would limit the Health Secretary’s powers to NHS properties or hospital buildings, children’s playgrounds, or educational settings.

She told MPs her proposal “restricts the abilities of the Secretary of State to unreasonably designate a place as a smoke-free area, which the current legislation really does allow”.

Dr Johnson also argued it’s a “significant possibility” that the proposals could lead to a boost in the black market economy.

The Conservatives tabled an amendment which would require the Government to “produce annual reports on the rate of sale and availability of illegal tobacco and vaping products and their impact on public health and safety”.

Labour MP Mary Kelly Foy (City of Durham) called for a cigarettes ban on stage as she tabled an amendment which would remove the Health Secretary’s power to use regulations to exempt performers from the indoor smoking ban.

Ms Foy, chairwoman of the all-party parliamentary group (APPG) on smoking and health, said: “I believe this exemption should be removed because actors deserve to have their health protected at work as much as everyone else. Audiences, other actors also deserve to be protected from second-hand smoke.”

She said some performances “substitute smoking in performances for vaping or other alternatives”, adding: “There’s no reason that all performances shouldn’t follow suit.”