Smoking at work set to be banned by law in three years

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Britain, UK news from The Times and The Sunday Times - Times Online:
"June 21, 2005 June 21, 2005


Smoking at work set to be banned by law in three years
By Sam Lister, Health Correspondent

Smoking will become illegal in premises that serve food, such as the Caffè Nero franchise (PHOTO: BEN GURR)

NATIONAL restrictions on smoking will outlaw tobacco in almost all workplaces in England by the end of 2008, with lawbreakers subject to fines of up to £200 and the possibility of “shop-a-smoker” hotlines, the Government said yesterday. The Department of Health has outlined proposals for sweeping curbs on smoking, which include a ban in pubs that serve and prepare food, as well as railway stations, football stadiums and even bus shelters.

But the proposals, published for consultation yesterday, have been condemned by medical leaders and health campaigners for being “half-measures” that contain too many loopholes to make them enforceable. They said that nothing short of a blanket ban on smoking in enclosed public places would effect significant improvements in public health.

The plans include exemptions for drinking pubs — which may sell snacks but do not prepare and serve food — and private members’ clubs. Prisons, psychiatric units, care homes and other facilities that accommodate people for long periods of time are also exempt. The document contained little indication that ministers would move towards a total ban, despite suggestions that Patricia Hewitt, the Health Secretary, is more open to the idea than John Reid, her predecessor.

Caroline Flint, the Public Health Minister, said that the paper built on what was set out in last year’s public health White Paper. The period of consultation is scheduled to end on September 5.

“There are people in the medical profession who would prefer an outright ban,” she said. “When undertaking the consultation it was very clear that people did expect the Government to do more in this area with legislation. But they also felt there should be some consideration of the fact that cigarettes are not illegal and there should be some element of free choice.”

Ms Flint said that she expected the majority of smokers to follow the legislation but that some enforcement would be necessary.

Smoke-free areas will be identified with no-smoking signs, which will display a telephone number for people to contact to report infringements. Ms Flint said that enforcement officers with air-testing equipment would carry out “sting operations” to catch offenders. Enforcement will be the responsibility of councils, which will receive extra funding. Ms Flint said that it was difficult to gauge what the costs of enforcement would be, but she said that treating smoking-related ill health costs the NHS £1.7 billion a year.

Deborah Arnott, director of Action on Smoking and Health, said: “We are confident (exemptions) will be dropped once the Government assesses the result of the consultation process. We are within sight of the most important public health reform for 30 years.”

Pubs must choose whether to be classed as drinking pubs, where smoking is allowed and food cannot be served, or food pubs, where smoking is banned. Civil servants will draw up a limited list of snacks permitted at drinking pubs, which at present account for about 9,000 of England’s 60,000 pubs.

The document proposes the penalties that businesses and the public can expect if they flout the laws, including a £200 fine for businesses not displaying warning notices in non-smoking premises. A £200 penalty would also apply for managers who fail to prevent a person smoking on their premises, with £50 fixed- penalty notices for members of the public smoking in a smoke-free venue. The document includes the possibility that herbal cigarettes will not be banned in enclosed places because they do not contain tobacco.

Sam Everington, the deputy chairman of the British Medical Association, said: “Given it is acknowledged that second-hand smoke kills, the lives and health of employees must be the priority. It should not matter where an employee works. Whether someone works in an office or a non-food pub, they have a right to have their health protected at work.”

Simon Clark, director of the smokers’ lobby group Forest, called on the Government not to be pushed to a total ban. He said: “The majority of people want more no-smoking areas, separate rooms for smokers and better ventilation, not an outright ban.”