Decision details

Public Health (Wales) Bill: Initial consideration

Decision Maker: Finance Committee - Fourth Assembly, Business Committee - Fourth Assembly, Constitutional and Legislative Affairs Committee - Fourth Assembly, Health and Social Care Committee - Fourth Assembly, Plenary - Fourth Assembly

Is Key decision?: Yes

Purpose:

A Welsh Government Bill, introduced by Mark Drakeford AM, Minister for Health and Social Services. The Business Committee has remitted the Bill to the Health and Social Care Committee.

 

Purpose of the Bill

The Bill sets out a series of proposals in priority areas of public health policy.

 

The Bill includes provision for the following:

Tobacco and nicotine products

  • Restricting the use of nicotine inhaling devices such as electronic cigarettes in enclosed and substantially enclosed public and work places, bringing the use of these devices into line with existing provisions on smoking;
  • Creating a national register of retailers of tobacco and nicotine products;
  • Adding to the offences which contribute to a Restricted Premises Order (RPO). (An RPO prohibits the sale of tobacco products from a premises);
  • Prohibiting the handing over of tobacco or nicotine products to people under the age of 18.

Special procedures

  • Creating a mandatory licensing scheme for practitioners and businesses carrying out ’special procedures’, namely acupuncture, body piercing, electrolysis and tattooing;
  • Introducing a ban on the intimate piercing of people under 16 years old.

Pharmaceutical services

  • Changing the way Health Boards make decisions about pharmaceutical services by making sure these are based on assessments of pharmaceutical need in their areas.

Provision of toilets

  • Requiring local authorities to prepare local toilets strategies for the provision of, and access to, toilets for public use, based on the needs of their communities. 

 

Further detail about the Bill can be found in its accompanying Explanatory Memorandum (PDF, 3MB).

 

Current Stage

 

Stage 4 proceedings took place on 16 March 2016. The motion to approve the Bill was not agreed by the Assembly. This Bill was therefore rejected and will not become an Act.

 

Record of Passage in the National Assembly for Wales

 

The following table sets out the dates for each stage of the Bill’s passage through the National Assembly for Wales.

 

Stage

Documents

 

Bill introduced: 8 June 2015

Public Health (Wales) Bill, as introduced (PDF, 316KB)

 

Explanatory Memorandum (PDF, 3MB)

 

Presiding Officer’s Statement: 8 June 2015 (PDF, 159KB)

 

Business Committee’s Report on the timetable for consideration of the Bill: June 2015 (PDF, 64KB)

 

Written Statement by the Minister for Health and Social Services – Public Health (Wales) Bill: 8 June 2015

 

Plenary statement: Introduction of the Public Health (Wales) Bill: 9 June 2015

 

Statement of Policy Intent - 11 June 2015 (PDF, 1MB)

 

Legislative glossary (Welsh language version only) (PDF 209KB)

 

Correspondence from the Presiding Officer regarding the legislative competence of the Public Health (Wales) Bill: 23 June 2015 (PDF, 363 KB)

 

Research Service Bill Summary (PDF, 344KB)

 

Stage 1: Committee considerations of general principles

Consultation

The Health and Social Care Committee issued a call for evidence, which closed on 4 September 2015.

 

Survey

The Health and Social Care Committee issued a public survey, which closed on 4 September 2015. A summary report (PDF, 416KB) of the results is available.

 

Video

The Health and Social Care Committee gathered the views of those working in the industry in relation to the provisions in Part 3 (Special procedures). Background information about participants (PDF, 455KB) is available.

 

Committee dates

The Health and Social Care Committee will consider the Bill on the following dates:

 

Date and agenda

Purpose of meeting

Transcript

Senedd.tv

17 June 2015

Consideration of approach to Stage 1 scrutiny (private item)

Private item

Private item

25 June 2015

Update on approach to Stage 1 scrutiny (private item)

Private item

Private item

1 July 2015

Minister for Health and Social Services (Member in charge of the Bill)

1 July 2015, Transcript

View meeting of 1 July 2015

9 July 2015

Oral evidence session

9 July 2015, Transcript

View meeting of 9 July 2015

15 July 2015

Oral evidence session

15 July 2015, Transcript

View meeting of 15 July 2015

17 September 2015

Oral evidence session

17 September 2015, Transcript

View meeting of 17 September 2015

23 September 2015

Oral evidence session

23 September 2015, Transcript

View meeting of 23 September 2015

1 October 2015

Oral evidence session

1 October 2015, Transcript

View meeting of 1 October 2015

21 October 2015

Minister for Health and Social Services (Member in charge of the Bill)

21 October 2015, Transcript

View meeting of 21 October 2015

5 November 2015

Consideration of the draft report (private item)

Private item

Private item

11 November 2015

Consideration of the draft report (private item)

Private item

Private item

19 November 2015

Consideration of the draft report (private item)

Private item

Private item

25 November 2015

Consideration of the draft report (private item)

Private item

Private item

The Constitutional and Legislative Affairs Committee considered the Bill on the following date:

Date and Agenda

Purpose of meeting

Transcript

Senedd.TV

21 September 2015

Minister for Health and Social Services (Member in charge of the Bill)

21 September Transcript

View meeting of 21 September 2015

 

The Finance Committee  considered the Bill on the following date:

Date and Agenda

Purpose of meeting

Transcript

Senedd.TV

15 July 2015

Minister for Health and Social Services (Member in charge of the Bill)

15 July 2015 Transcript

View meeting of 15 July 2015

 

Committee reports and Welsh Government responses

Health and Social Care Committee Stage 1 report (PDF, 1MB)

Response by the Minister for Health and Social Services to the Health and Social Care Committee’s Stage 1 report – 26 January 2016 (PDF, 240KB)

 

Constitutional and Legislative Affairs Committee Stage 1 report (PDF, 476KB)

          Response by the Minister for Health and Social Services to the Constitutional and Legislative Affairs Committee’s Stage 1 report – 26 January 2016 (PDF, 212KB)

 

Finance Committee Stage 1 report (PDF, 504KB)

Letter from the Minister of Health and Social Services to the Finance Committee – 8 December 2015 (PDF, 138KB)

Response by the Minister for Health and Social Services to the Finance Committee’s Stage 1 report – 26 January 2016 (PDF, 226KB)

 

 

Stage 1: Debate in Plenary on general principles

A debate took place in Plenary on 8 December 2015. The motion to agree the general principles of the Bill was agreed.

 

Financial Resolution

A Financial Resolution was agreed in Plenary on 8 December 2015.

 

Stage 2: Committee consideration of amendments

The Health and Social Care Committee agreed on 14 January 2016, under Standing Order 26.21, that the order of consideration for Stage 2 proceedings will be: Sections 2 to 39; Schedule 1; Schedule 2; Sections 40 to 44; Sections 46 to 77; Schedule 3; Section 45; Sections 78 to 95; Schedule 4; Sections 96 to 102; Section 1; Long title.

 

Stage 2 consideration took place in Committee on Thursday 28 January and Wednesday 3 February 2016.

 

Public Health (Wales) Bill (as amended at Stage 2)  (PDF, 433KB) (Amendments to the Bill since the previous version are indicated by sidelining in the right margin.)

 

Explanatory Memorandum revised after Stage 2 (PDF, 2MB)

 

Public Health (Wales) Bill – Summary of changes at Stage 2

 

Printing Changes to the Bill as amended at Stage 2 (PDF, 260KB)

 

Marshalled list of amendments: 3 February 2016 (PDF, 145KB)

Groupings of amendments: 3 February 2016 (PDF, KB)

 

Marshalled list of amendments: 28 January 2016 (PDF, 411KB)

Groupings of amendments: 28 January 2016 (PDF, 77KB)

 

Notices of amendments

Notice of Amendments: 9 December 2015 v4 (PDF, 151KB)

Welsh Government - Purpose and Effect table: 9 December 2015 (PDF, 265 KB)

 

Notice of Amendments: 14 December 2015 v3 (PDF, 67KB)

Notice of Amendments: 15 December 2015 v3 (PDF, 83KB)

Notice of Amendments: 4 January 2016 (PDF, 67KB)

Notice of Amendments: 8 January 2016 (PDF, 84KB)

Notice of Amendments: 11 January 2016 (PDF, 59KB)

Notice of Amendments: 12 January 2016 v2 (PDF, 75KB)

Notice of Amendments: 18 January 2016 (PDF, 69KB)

 

Notice of Amendments: 19 January 2016 v2 (PDF, 246 KB)

Welsh Government - Purpose and Effect table: 19 January 2016 (PDF, 813KB)

 

Notice of Amendments: 20 January 2016 v2 (PDF, 76KB)

Notice of Amendments: 21 January 2016 (PDF, 58KB)

 

Combined Notice of Amendments (PDF, 392KB)

 

Stage 3: Plenary consideration of amendments

Following the completion of Stage 2 proceedings, Stage 3 commenced on 4 February 2016.

 

The National Assembly for Wales agreed on 23 February 2016, under Standing Order 26.36, that the order of consideration for Stage 3 proceedings will be: Sections 2 – 31; Schedules 1 and 3; Sections 32 – 52; Schedule 2; Sections 53 – 57; Sections 59 – 96; Schedule 4; Section 58; Sections 97 – 117; Schedule 5; Sections 118 – 126; Section 1; Long title.

 

Stage 3 proceedings took place on Tuesday 8 March 2016.  All sections and Schedules of the Bill were deemed agreed.

 

Public Health (Wales) Bill (as amended at Stage 3) (PDF, 951KB) (Amendments to the Bill since the previous version are indicated by sidelining in the right margin.)

 

Printing Changes to the Bill as amended at Stage 3 (PDF, 49KB)

 

Amendments to be considered at Stage 3

Marshalled list of amendments – 8 March 2016 v2 (PDF, 237KB)

Groupings of amendments – 8 March 2016 (PDF, 70KB)

 

Notices of amendments

Notice of Amendments: 17 February 2016 v2 (PDF, 72KB)

Notice of Amendments: 24 February 2016 (PDF, 83KB)

Notice of Amendments: 25 February 2016 v2 (PDF, 83KB)

 

Notice of Amendments: 26 February 2016 v3 (PDF, 191KB)

Welsh Government – Purpose and Effect Table: 26 February 2016 v2 (PDF, 342KB)

 

Notice of Amendments: 29 February 2016 (PDF, 64KB)

 

Combined Notice of Amendments (PDF, 235KB)

 

Stage 4: Passing of the Bill in Plenary

Stage 4 took place on 16 March 2016.

 

As the vote on the Motion to approve the Public Health (Wales) Bill was tied, the Presiding Officer used her casting vote in the negative (in accordance with SO 6.20(ii)). Therefore the Motion was not agreed, and the Bill was rejected by the Assembly.

 

 

Contact information

Clerk: Catherine Hunt

Phone: 0300 200 6565

 

Postal address:

National Assembly for Wales

Cardiff Bay

Cardiff     CF99 1NA

 

Email: SeneddHealth@Assembly.Wales   

Decisions:

2.1 The Committee considered the financial implications of the Public Health (Wales) Bill and agreed to invite the Minister for Health and Social Services in for further scrutiny.

Publication date: 19/06/2015

Date of decision: 17/06/2015

Decided at meeting: 17/06/2015 - Finance Committee - Fourth Assembly

Accompanying Documents: