Earl Howe (Con)

My Lords, I begin, I am afraid, by briefly taking issue with the intent behind Amendment 180. I was grateful for the Minister’s comments on that. In the Bill, we have an incremental measure designed to bring successive generations into adulthood without cigarettes, while not imposing restrictions on those who have been smoking their entire lives. That nuance is a large reason why a blanket ban on smoking would have been considered unfair. The unfairness of a blanket ban is also one reason we still have cigar lounges. Cigars, which, over time, evolved into a cultural practice for many people, have, up to now, been understood to hold a special position in legislation. That was reflected in the establishment of cigar lounges and their continued exemption from other general bans on indoor smoking. There is a further reason for that. There comes a point where considerations of personal freedom and choice and the interests of small businesses, as the Minister said, take precedence over considerations of harm to health. I know that harm to health is important, but there are other considerations in this context as well, which is the reason why I keep emphasising the need for proportionality in the Bill. Equally, I am afraid that I cannot support Amendment 186. Its scope goes beyond the extended scope of the Bill. The noble Baroness, Lady Fox, was entirely right to mention the state of the hospitality sector at the present time: it is under acute pressure. Of course, I listened to the noble Baroness, Lady Walmsley, but, again as we have debated in the past, there is a need to distinguish evidence of harm from evidence of nuisance. Some people, if they are sitting outside and the person at the next table is smoking, might regard that as a bit of a nuisance. But the watchword surely must be that policy should be founded on evidence. We need to have solid evidence of real harm arising from passive smoking in the open air. That is simply to state the position of these Benches. Finally, on Clause 136, I was very grateful for the Minister’s response and look forward to her letter on this. I am still in some difficulty, which I hope she will take account of in her letter. The current regime—which I remember, having taken the Bill through when in Opposition—was carefully framed in the 2006 Act and has operated effectively for nearly two decades. It has allowed a tightly controlled exemption where artistic integrity justifies it. I think it has done so without any evidence of harm, abuse or increased smoking prevalence. I look forward to what the Minister has to say. Of course, I will reflect on what she has said today. In the meantime, I shall not press my opposition to the clause standing part.