In August I reported that Local Government Minister Bob Neil had rejected newspaper reports that the new Localism Bill might allow councils to ban smoking in parks and other non-enclosed areas.
According to a statement:
“Reports suggesting that the Localism Bill will allow the introduction of smoking bans in public places are wide off the mark. There is nothing in this Bill that provides additional powers to prohibit smoking in open spaces or in private cars.
“We are giving councils a general power of competence - this will allow them to do the things that any individual generally could. It will particularly help councils find new ways to work to save money and protect frontline services. But that does not permit the introduction of new regulation on the broader public.”
Today, in the House of Lords, peers will consider further amendments to the Localism Bill. One, introduced by Conservative Baroness Gardner of Parkes, seeks to insert the following clause:
Power to make byelaws about smoke-free places
(1) A local authority may make byelaws designating as smoke-free any place or description of place that is not smoke-free under section 2 of the Health Act 2006.
(2) The place, or places falling within the description, need not be enclosed or substantially enclosed.
(3) The byelaws may provide for such places, or places falling within the description, to be smoke-free only—
(a) in specified circumstances,
(b) at specified times,
(c) if specified conditions are satisfied,
(d) in specified areas,
or any combination of those.
(4) Terms used in this section have the same meanings as in the Health Act 2006.”
I'll keep you posted. *STOP PRESS: Word is that the amendment has been withdrawn.* "No appetite for debate" says a source. More info as soon as I get it.