To: Members of the Enterprise and Business and Health and Social Care Sub-Committees
From: Committee Service
Date: 5 December 2012
THE SMOKE-FREE PREMISES ETC. (WALES) (AMENDMENT) REGULATIONS 2012
Purpose
1. To invite the sub-committee members to discuss and agree their approach to taking further evidence on the Smoke-free Premises etc. (Wales) (Amendment) Regulations 2012.
Background
2. The Regulations amend the 2007 Regulations by creating an exemption from the smoke-free requirements of the 2007 Regulations for performers where:-
· The performance is given in connection with the making of a film or television programme;
· The artistic integrity of the performance makes it appropriate for the performer to smoke;
· There are no members of the public viewing the making of the programme or film; and
· No children are present in that part of the premises which are not smoke-free and in which the performer would be performing.
3. The regulations and explanatory memorandum were laid on 18 July 2012. The Constitutional and Legislative Affairs Committee (CLAC) considered them on 24 September and did not report that the Assembly should pay special attention to the regulations on any of the grounds set out in Standing Order 21.3. The Minister for Finance and Leader of the House subsequently notified the Enterprise and Business Committee and Health and Social Care Committee that “there remains a level of concern about this issue amongst some Assembly Members and as a result I have concluded that there is merit in further consideration of the evidence.” Debate of the regulations has been postponed to allow the two Committees to jointly “take evidence from all interested parties on this matter.”
4. On 29 November the two Committees each resolved to establish a five-member sub-committee under Standing Order 17.17. The two sub-committees, which are meeting concurrently, should conclude their considerations and report as soon as possible within the constraints of the business timetable. The sub-committees will cease to exist when the Regulations have been considered by the Assembly in plenary.
5. Standing Order 17.19 requires that any sub-committee reports to the committee which established it. In practice, this means that both sub-committees working on these regulations will be obliged to seek their respective parent committees’ approval of their final report. The Minister has been alerted to this procedural requirement as both parent committees may have differing views on the sub-committees’ conclusions.
Proposed Terms of Reference and Written Consultation
6. Sub-committee members are invited to consider the consultation letter containing terms of reference and a distribution list - attached at Annex A.
7. Subject to Members’ agreement, it is proposed that the written consultation is issued by Friday 7 December 2012 with a deadline for responses of Friday 18 January 2013 (allowing a 6-week period of consultation).
Taking Oral Evidence
8. Sub-committee members are invited to
· consider the timetabling options for gathering oral evidence in the new year, as outlined below; and
· consider the list of witnesses members would wish to invite to give evidence.
(i) Timetabling options
9. The options listed below identify possible approaches to timetabling the sub-committees’ work, taking into account the agreed work programmes of both the Health and Social Care Committee and the Enterprise and Business Committee. Members are invited to consider these options and agree how they would like to proceed with timetabling the sub-committees’ work.
Option 1
Identify times for the sub-committees to meet together during slots already allocated to the Health and Social Care Committee and the Enterprise and Business Committee (i.e. Wednesday mornings, Thursday mornings or Thursday afternoons).
Note: It is anticipated that a number of Bills will be remitted to the Health and Social Care Committee for Stage 1 consideration in the New Year. This, coupled with a heavy policy workload for the Enterprise and Business Committee, means that the earliest opportunity to begin gathering oral evidence is likely to be 28 February.
Option 2
Two Tuesday morning slots early in the New Year have been identified for possible use by the sub-committees:
· 09.00 – 11.00: Tuesday 22 January – this slot would be available for the sub-committees to meet without affecting the work programmes of Public Accounts and Standards Committees;
· 09.00 – 11.00: Tuesday 29 January – this slot would be available for the sub-committees to meet but could cause a clash with one sub-committee member who also sits on the Petitions Committee.
Should Members feel that more than 4 hours is necessary to take
evidence, these Tuesday slots could be used in conjunction with any slots available in the parent committees’ programmes in February / March.
Note: This option would require consideration of any membership clashes that may be caused and may require the agreement of Business Committee.
Option 3
Identify times for the sub-committees to meet together outside the usual Health and Social Care Committee and Enterprise and Business Committee slots and outside the existing committee timetable (i.e. Monday afternoon, Wednesdays and Thursdays when the parent committees are not meeting, or earlier or later than the parent committees usually meet.)
Note: This option would require consideration of members’ availability and any membership clashes that may be caused and may require the agreement of the Business Committee.
(ii) Possible witnesses
10. Members may wish to consider inviting the following representatives to attend oral evidence sessions. Members are invited to indicate if there are other bodies they would wish to invite, or whether there are particular areas of scrutiny they would wish to prioritise.
Representatives of the television and film industry, including:
· Film Agency for Wales - national development agency for the film industry in Wales
· BBC Cymru Wales
· PACT (Producers Alliance for Cinema and Television) - PACT is the UK trade association representing and promoting the commercial interests of independent film and television companies
· TAC (Welsh Independent Producers) - TAC is a trade association representing the interests of independents producing mainly for broadcasters in Wales
· Equity - UK trade union for professional performers.
· BECTU - trade union for those working in broadcasting, film, theatre, entertainment and allied areas
· Guild of British Camera Technicians
Representatives from health bodies, including:
· Cancer Research UK
· British Thoracic Society/British Lung Foundation
· ASH Wales
· British Medical Association
· Royal College of Physicians
· Public Health Wales
· Chartered Institute for Environmental Health
Representatives of local government, who will be responsible for enforcing the Regulations.
Action
11. Sub-committee members are invited to:
· consider and agree terms of reference, a written consultation letter and a list of consultees;
· consider options for timetabling the work and agree a preferred approach;
· consider and agree witnesses to be invited to give oral evidence.
Annex A: Consultation letter