Decision details

Stage 3 of the Public Health (Wales) Bill

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   

Decision:

The item started at 16.11

The amendments will be disposed of in the order that the sections and schedules to which they relate were set out in the motion under Standing Order 26.36 as agreed by the Assembly on 23 February 2016.

A vote was taken on amendment 3:

For

Abstain

Against

Total

24

1

31

56

Amendment 3 was not agreed.

A vote was taken on amendment 4:

For

Abstain

Against

Total

25

0

31

56

Amendment 4 was not agreed.

Amendment 56 was agreed, in accordance with Standing Order 12.36

A vote was taken on amendment 5:

For

Abstain

Against

Total

25

0

31

56

Amendment 5 was not agreed.

Amendment 57 was agreed, in accordance with Standing Order 12.36

A vote was taken on amendment 6:

For

Abstain

Against

Total

25

0

31

56

Amendment 6 was not agreed.

A vote was taken on amendment 58:

For

Abstain

Against

Total

36

0

20

56

Amendment 58 was agreed.

A vote was taken on amendment 59:

For

Abstain

Against

Total

35

1

20

56

Amendment 59 was agreed.

Amendment 60 was agreed, in accordance with Standing Order 12.36

Amendment 61 was agreed, in accordance with Standing Order 12.36

Amendment 62 was agreed, in accordance with Standing Order 12.36

Amendment 63 was agreed, in accordance with Standing Order 12.36

Amendment 64 was agreed, in accordance with Standing Order 12.36

A vote was taken on amendment 7:

For

Abstain

Against

Total

24

0

32

56

Amendment 7 was not agreed.

A vote was taken on amendment 65:

For

Abstain

Against

Total

38

0

18

56

Amendment 65 was agreed.

A vote was taken on amendment 66:

For

Abstain

Against

Total

37

0

19

56

Amendment 66 was agreed.

A vote was taken on amendment 8:

For

Abstain

Against

Total

25

0

31

56

Amendment 8 was not agreed.

A vote was taken on amendment 67:

For

Abstain

Against

Total

39

0

17

56

Amendment 67 was agreed.

A vote was taken on amendment 9:

For

Abstain

Against

Total

25

0

31

56

Amendment 9 was not agreed.

A vote was taken on amendment 10:

For

Abstain

Against

Total

25

0

31

56

Amendment 10 was not agreed.

A vote was taken on amendment 11:

For

Abstain

Against

Total

25

0

31

56

Amendment 11 was not agreed.

Amendments 12 - 18 were voted for en bloc:

For

Abstain

Against

Total

25

0

31

56

Amendments 12 - 18 were not agreed.

A vote was taken on amendment 19:

For

Abstain

Against

Total

25

0

31

56

Amendment 19 was not agreed.

A vote was taken on amendment 20:

For

Abstain

Against

Total

25

0

31

56

Amendment 20 was not agreed.

A vote was taken on amendment 21:

For

Abstain

Against

Total

24

0

32

56

Amendment 21 was not agreed.

Amendment 27 was agreed, in accordance with Standing Order 12.36

Amendment 68 was agreed, in accordance with Standing Order 12.36

Amendment 69 was agreed, in accordance with Standing Order 12.36

A vote was taken on amendment 22:

For

Abstain

Against

Total

 23

0

31

54

Amendment 22 was not agreed.

Amendment 70 was agreed, in accordance with Standing Order 12.36

Amendment 71 was agreed, in accordance with Standing Order 12.36

A vote was taken on amendment 23:

For

Abstain

Against

Total

24

0

31

55

Amendment 23 was not agreed.

Amendment 72 was agreed, in accordance with Standing Order 12.36

Amendment 73 was agreed, in accordance with Standing Order 12.36

Amendment 74 was agreed, in accordance with Standing Order 12.36

Amendment 75 was agreed, in accordance with Standing Order 12.36

A vote was taken on amendment 24:

For

Abstain

Against

Total

25

0

31

56

Amendment 24 was not agreed.
Amendment 76 was agreed, in accordance with Standing Order 12.36

Amendment 77 was agreed, in accordance with Standing Order 12.36

A vote was taken on amendment 25:

For

Abstain

Against

Total

25

0

31

56

Amendment 25 was not agreed.

A vote was taken on amendment 99:

For

Abstain

Against

Total

39

0

17

56

Amendment 99 was agreed.

Amendment 100 was agreed, in accordance with Standing Order 12.36

A vote was taken on amendment 101:

For

Abstain

Against

Total

50

0

5

55

Amendment 101 was agreed.

A vote was taken on amendment 102:

For

Abstain

Against

Total

39

0

17

56

Amendment 102 was agreed.

A vote was taken on amendment 103:

For

Abstain

Against

Total

 39

0

17

56

Amendment 103 was agreed.

A vote was taken on amendment 104:

For

Abstain

Against

Total

39

0

17

56

Amendment 104 was agreed.

A vote was taken on amendment 105:

For

Abstain

Against

Total

31

0

25

56

Amendment 105 was agreed.

A vote was taken on amendment 106:

For

Abstain

Against

Total

 31

0

25

56

Amendment 106 was agreed.

Amendment 107 was agreed, in accordance with Standing Order 12.36

Amendment 108 was agreed, in accordance with Standing Order 12.36

A vote was taken on amendment 109:

For

Abstain

Against

Total

39

0

17

56

Amendment 109 was agreed.

Amendment 110 was agreed, in accordance with Standing Order 12.36

A vote was taken on amendment 111:

For

Abstain

Against

Total

39

0

17

56

Amendment 111 was agreed.

Amendment 112 was agreed, in accordance with Standing Order 12.36

A vote was taken on amendment 113:

For

Abstain

Against

Total

39

0

17

56

Amendment 113 was agreed.

Amendment 114 was agreed, in accordance with Standing Order 12.36

A vote was taken on amendment 115:

For

Abstain

Against

Total

38

0

18

56

Amendment 115 was agreed.

A vote was taken on amendment 116:

For

Abstain

Against

Total

31

0

25

56

Amendment 116 was agreed.

A vote was taken on amendment 117:

For

Abstain

Against

Total

31

0

25

56

Amendment 117 was agreed.

Amendment 118 was agreed, in accordance with Standing Order 12.36

A vote was taken on amendment 119:

For

Abstain

Against

Total

39

0

17

56

Amendment 119 was agreed.

Amendment 120 was agreed, in accordance with Standing Order 12.36

A vote was taken on amendment 121:

For

Abstain

Against

Total

39

0

17

56

Amendment 121 was agreed.

A vote was taken on amendment 122:

For

Abstain

Against

Total

31

0

25

56

Amendment 122 was agreed.

A vote was taken on amendment 123:

For

Abstain

Against

Total

39

0

17

56

Amendment 123 was agreed.

A vote was taken on amendment 124:

For

Abstain

Against

Total

31

0

25

56

Amendment 124 was agreed.

Amendment 125 was agreed, in accordance with Standing Order 12.36

Amendment 127 was agreed, in accordance with Standing Order 12.36

A vote was taken on amendment 126:

For

Abstain

Against

Total

31

0

25

56

Amendment 126 was agreed.

Amendment 128 was agreed, in accordance with Standing Order 12.36

A vote was taken on amendment 129:

For

Abstain

Against

Total

31

0

25

56

Amendment 129 was agreed.

A vote was taken on amendment 130:

For

Abstain

Against

Total

31

0

25

56

Amendment 130 was agreed.

Amendment 131 was agreed, in accordance with Standing Order 12.36

A vote was taken on amendment 132:

For

Abstain

Against

Total

31

0

25

56

Amendment 132 was agreed.

A vote was taken on amendment 133:

For

Abstain

Against

Total

31

0

25

56

Amendment 133 was agreed.

Amendment 134 was agreed, in accordance with Standing Order 12.36

A vote was taken on amendment 135:

For

Abstain

Against

Total

31

0

25

56

Amendment 135 was agreed.

A vote was taken on amendment 136:

For

Abstain

Against

Total

31

0

25

56

Amendment 136 was agreed.

A vote was taken on amendment 137:

For

Abstain

Against

Total

31

0

25

56

Amendment 137 was agreed.

Amendment 138 was agreed, in accordance with Standing Order 12.36

A vote was taken on amendment 139:

For

Abstain

Against

Total

31

0

25

56

Amendment 139 was agreed.

Amendment 140 was agreed, in accordance with Standing Order 12.36

A vote was taken on amendment 141:

For

Abstain

Against

Total

31

0

25

56

Amendment 141 was agreed.

A vote was taken on amendment 142:

For

Abstain

Against

Total

31

0

25

56

Amendment 142 was agreed.

A vote was taken on amendment 143:

For

Abstain

Against

Total

31

0

25

56

Amendment 143 was agreed.

A vote was taken on amendment 144:

For

Abstain

Against

Total

31

0

25

56

Amendment 144 was agreed.

A vote was taken on amendment 145:

For

Abstain

Against

Total

31

0

25

56

Amendment 145 was agreed.

Amendment 146 was agreed, in accordance with Standing Order 12.36

A vote was taken on amendment 147:

For

Abstain

Against

Total

 39

0

17

56

Amendment 147 was agreed.

At 18.06, proceedings were suspended for 15 minutes. The bell was rung 5 minutes before reconvening for Stage 3 of the Public Health (Wales) Bill.

Amendment 78 was agreed, in accordance with Standing Order 12.36

Amendment 79 was agreed, in accordance with Standing Order 12.36

Amendment 80 was agreed, in accordance with Standing Order 12.36

Amendment 81 was agreed, in accordance with Standing Order 12.36

Amendment 82 was agreed, in accordance with Standing Order 12.36

Amendment 83 was agreed, in accordance with Standing Order 12.36

Amendment 84 was agreed, in accordance with Standing Order 12.36

Amendment 85 was agreed, in accordance with Standing Order 12.36

Amendment 86 was agreed, in accordance with Standing Order 12.36

A vote was taken on amendment 28:

For

Abstain

Against

Total

17

0

39

56

Amendment 28 was not agreed.

A vote was taken on amendment 29:

For

Abstain

Against

Total

17

0

39

56

Amendment 29 was not agreed.

A vote was taken on amendment 30:

For

Abstain

Against

Total

17

0

39

56

Amendment 30 was not agreed.

A vote was taken on amendment 31:

For

Abstain

Against

Total

12

0

44

56

Amendment 31 was not agreed.

A vote was taken on amendment 32:

For

Abstain

Against

Total

17

0

39

56

Amendment 32 was not agreed.

A vote was taken on amendment 33:

For

Abstain

Against

Total

12

0

43

55

Amendment 33 was not agreed.

A vote was taken on amendment 34:

For

Abstain

Against

Total

12

0

43

55

Amendment 34 was not agreed.

Amendment 35 was not moved.

Amendment 36 was not moved.

Amendment 37 was not moved.

Amendment 38 was not moved.

Amendment 39 was not moved.

Amendment 87 was agreed, in accordance with Standing Order 12.36

Amendment 88 was agreed, in accordance with Standing Order 12.36

Amendment 40 was agreed, in accordance with Standing Order 12.36

Amendment 89 was agreed, in accordance with Standing Order 12.36

Amendment 41 was agreed, in accordance with Standing Order 12.36

Amendment 42 was agreed, in accordance with Standing Order 12.36

Amendment 43 was agreed, in accordance with Standing Order 12.36

Amendment 44 was agreed, in accordance with Standing Order 12.36

Amendment 90 was agreed, in accordance with Standing Order 12.36

Amendment 91 was agreed, in accordance with Standing Order 12.36

A vote was taken on amendment 45:

For

Abstain

Against

Total

24

0

31

55

Amendment 45 was not agreed.

A vote was taken on amendment 46:

For

Abstain

Against

Total

23

0

32

55

Amendment 46 was not agreed.

A vote was taken on amendment 47:

For

Abstain

Against

Total

24

0

30

54

Amendment 47 was not agreed.

A vote was taken on amendment 149:

For

Abstain

Against

Total

24

0

30

54

Amendment 149 was not agreed.

A vote was taken on amendment 49:

For

Abstain

Against

Total

24

0

31

55

Amendment 49 was not agreed.

Amendment 92 was agreed, in accordance with Standing Order 12.36

Amendment 93 was agreed, in accordance with Standing Order 12.36

Amendment 94 was agreed, in accordance with Standing Order 12.36

A vote was taken on amendment 26:

For

Abstain

Against

Total

25

0

30

55

Amendment 26 was not agreed.

A vote was taken on amendment 95:

For

Abstain

Against

Total

37

0

18

55

Amendment 95 was agreed.

Amendment 96 was agreed, in accordance with Standing Order 12.36

A vote was taken on amendment 97:

For

Abstain

Against

Total

37

0

18

55

Amendment 97 was agreed.

Amendment 98 was agreed, in accordance with Standing Order 12.36

Amendment 148 was agreed, in accordance with Standing Order 12.36

Amendment 51 was agreed, in accordance with Standing Order 12.36

A vote was taken on amendment 2:

For

Abstain

Against

Total

25

0

30

55

Amendment 2 was not agreed.

A vote was taken on amendment 52:

For

Abstain

Against

Total

38

0

17

55

Amendment 52 was agreed.

A vote was taken on amendment 53:

For

Abstain

Against

Total

38

0

17

55

Amendment 53 was agreed.

A vote was taken on amendment 54:

For

Abstain

Against

Total

38

0

17

55

Amendment 54 was agreed.

Amendment 55 was agreed, in accordance with Standing Order 12.36

A vote was taken on amendment 1:

For

Abstain

Against

Total

25

0

30

55

Amendment 1 was not agreed.

Amendment 50 was agreed, in accordance with Standing Order 12.36

All sections and schedules of the Bill were deemed agreed, concluding Stage 3 proceedings.

 

Publication date: 08/03/2016

Date of decision: 08/03/2016

Decided at meeting: 08/03/2016 - Plenary - Fourth Assembly