Policy responses and statements

Name of organisation:

Department of Health

Name of policy document:

Smoke-free premises and vehicles - Consultation on proposed regulations to be made under powers in the Health Bill

Deadline for response:

9 October 2006

Background: The purpose of this consultation is to share with stakeholders proposals for regulations to be made under Chapter 1 of Part 1 of the Health Bill, and to invite views on these plans. Questions are asked throughout on issues where the Department of Health would particularly welcome feedback, although they would welcome other comments on any aspect of these proposals.

Introduction:

The Health Bill that is currently before Parliament includes legislative provisions to make virtually all enclosed public places and workplaces smoke-free. If approved by Parliament, the Government plans to implement smoke-free legislation in summer 2007.

The medical and scientific evidence of the risks to health from exposure to secondhand smoke is well established. Through the Choosing Health White Paper, the Government set out a clear strategy to tackle smoking, as well as the effects of smoking on others. A key aspect of the strategy is to shift the balance significantly in favour of smoke-free places to reduce exposure to secondhand smoke.

Regulations to be made under powers in the Health Bill will set out the detail of how smoke-free legislation will be implemented, including plans for exemptions

COMMENTS ON
DEPARTMENT OF HEALTH
SMOKE-FREE PREMISES AND VEHICLES: CONSULTATION ON PROPOSED REGULATIONS TO BE MADE UNDER POWERS IN THE HEALTH BILL

The Royal College of Physicians of Edinburgh is pleased to respond to the Department of Health on its consultation on Smoke-free premises and vehicles.  The College welcomes the intent of this consultation and is supportive of ongoing attempts to reduce tobacco consumption and exposure to second-hand smoke. 

The College was heavily involved with the introduction of smoke-free legislation in Scotland and welcomes that the Department of Health has chosen to follow the model for defining “enclosed” and “substantially enclosed” premises as set out in the Scottish smoke-free regulations.  We believe such an approach to be more robust and workable than had first been proposed for England and that such standardisation of terminology will help to avoid confusion for the public travelling from Scotland to England and vice versa.

Similarly, we welcome that much of the other detail in this document is based on the regulations already in force in Scotland, which are working well and which have already been supported by the College.

In light of the foregoing we have only two detailed comments which we would wish to make:

• In para 1.6 of the consultation it states that “The smoke-free provisions within the Health Bill relate to smoking of tobacco or anything that contains tobacco, or smoking any other substance, including manufactured cigarettes, hand-rolled cigarettes, pipes and cigars”. While recognising that this statement refers to “any other substance” we believe that, given the other examples quoted, the regulations could be strengthened by adding an explicit reference to herbal cigarettes which pro-smoking enthusiasts have attempted to turn into a legislative loophole in Scotland.
• In Question 5 views are invited on the proposals in the regulations for exempting performers from smoke-free regulations. This has been a point of public debate in Scotland, prompted by the media and pro-smoking enthusiasts. Here, our regulations differ significantly.  In Scotland it is not permissible to smoke any product on stage (only simulated smoking is permitted).  By granting individuals the right to smoke onstage on the grounds of artistic integrity, we fear that a loophole could be created and exploited. Just as one would not expect actors to use real heroin or cocaine on stage, we believe it would be reasonable to ban the use of all tobacco or tobacco-like products on stage.

Copies of this response are available from:

Lesley Lockhart,
Royal College of Physicians of Edinburgh,
9 Queen Street,
Edinburgh,
EH2 1JQ.

Tel: 0131 225 7324    ext 608
Fax: 0131 220 3939

[6 October 2006]