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Smoking ban is unworkable

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The House of Commons Health Select Committee wants the government to introduce a total ban on smoking in public places; the chief medical officer wants the same; Wales, Scotland and Northern Ireland (the latter under rule from Westminster!) have either decided to impose a total ban or (in the case of Wales) said they will as soon as they have the necessary legislative powers.

Countries overseas have introduced a ban. Smoking is already prohibited in cinemas, theatres, aircraft, the London Underground and most rail carriages. Not to be outdone, some local councils are pressing to introduce their own legislation. Meanwhile, recent surveys suggest that three-quarters of the population supports a total ban.

Yet, in spite of this near overwhelming opposition, echoed in the criticism by MPs in the second reading of the Health Bill in the Commons, the government continues with its legislation which will exempt members’ clubs and pubs that provide food.

The arguments against this approach are many: What is food? How will it be defined? How will partial exemptions protect the 100,000 staff who work in non-food pubs and clubs from passive smoke? Is it wise – in an age of binge drinking – to encourage drinking in pubs without giving drinkers the opportunity of purchasing some food? Will it encourage smokers to migrate from pubs that serve food to those that do not – and so encourage binge drinking?

The government argues that the public should be given a choice and suggests that having a cigarette with a pint is a pleasure principally enjoyed by ‘the working class’ – who happen to be mainly Labour voters. Why deprive them of the choice?

The exemptions will make the legislation unworkable and largely unenforceable.

There have been no answers to any of the questions and it will take more than ingenious wording by legislators to enable their definition of ‘food’ to hold up in a court of law. If crisps are allowed, why not wrapped sandwiches? And if a customer brings in a hot Cornish pasty from outside, will this be allowed? If not, who will throw him out? Is the licensee or the customer responsible for this misdemeanour? And will a hotel or restaurant with a separate restaurant to the bar be able to allow smoking in the bar?

The whole weight of medical opinion is now in favour of a total ban and against the proposed exemptions. Even disregarding the health aspect, there are simply too many potential loopholes and too few clear-cut rules to make the legislation workable.

What is needed is a level playing field throughout the country, so that visitors to the UK, as well as those who live here, understand exactly what has been decided. The government’s current proposals will not achieve this.

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The House of Commons Health Select Committee wants the government to introduce a total ban on smoking in public places; the chief medical officer wants the same; Wales, Scotland and Northern Ireland (the latter under rule from Westminster!) have either decided to impose a total ban or (in the case of Wales) said they will as soon as they have the necessary legislative powers.
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