Baroness Merron (Lab)

My Lords, I am grateful to noble Lords for their contributions on this last group of amendments. It may be helpful if I remind your Lordships’ House that, on 13 February, the Government published their consultation on free-from places. We are consulting on making outdoor public places, including children’s playgrounds, hospitals and schools, smoke-free and heated tobacco-free. Additionally, we are consulting on making outside playgrounds and schools vape-free. With regard to indoor spaces that are currently smoke-free, we are consulting on also making these heated tobacco-free and vape-free. I want to emphasise—and I hear different opinions on this within your Lordships’ House—that the consultation does not consider extending these proposals to outdoor hospitality. I hope that this addresses the concerns raised under Amendments 194 and 197, tabled by the noble Lord, Lord Udny-Lister, as well as Amendment 196 from the noble Lord, Lord Sharpe. With regard to Amendment 193 from the noble Lord, Lord Udny-Lister, the vast majority of people—around 90% of those over 16—do not currently vape. Just because someone is present in an over-18 setting does not mean that they are content to be exposed to second-hand harms. This would be of particular concern to those who are medically vulnerable, whose conditions may not always be visible. Additionally, under the proposals put forward in the consultation, those who wish to vape would still be able to do so in outdoor hospitality settings. I should say that we have been pleased to meet various stakeholders, including UKHospitality and the British Beer and Pub Association, and we have welcomed their input. Furthermore, a number of establishments, as I am sure we are all aware, have already introduced their own policies restricting vaping indoors. These proposals provide consistency and clarity for the public and businesses, and that is crucial if we are thinking about legislation. I turn to the evidence. Amendments 195 and 198 in the name of the noble Lord, Lord Udny-Lister, question the need for the vape-free places and heated tobacco-free places clauses. I also refer to Amendment 194A in the name of the noble Lord, Lord Kamall. We have already published a draft impact assessment alongside the consultation on free-from places. To the points made by the noble Earl, Lord Howe, this sets out the evidence base for the proposed policies. I encourage noble Lords to review the document, which is thorough, if they have not had the chance to do so already. I can say that we will reassess the evidence after the consultation is closed, and we will consider any additional evidence identified before deciding on final policy positions and publishing a final stage impact assessment alongside regulations.