Smoking ban in England 5744399 206373476 2008-04-18T00:00:33Z Gaius Cornelius 293907 Tidy using [[Project:AutoWikiBrowser|AWB]] <!-- Deleted image removed: [[Image:Smoking ban.gif|right|thumb|185px|The smoking ban affects all public areas, workplaces and restaurants or pubs]] --> A '''smoking ban in England''', making it illegal to [[tobacco smoking|smoke]] in all enclosed public places and enclosed work places in [[England]], came into force on [[1 July]] [[2007]]. Similar bans had already been introduced by the rest of the [[United Kingdom]] — [[Scotland]] on [[26 March]] [[2006]], [[Wales]] on [[2 April]] [[2007]] and [[Northern Ireland]] on [[30 April]] [[2007]]. ==Passage of the law== On [[16 November]] [[2004]] a Public Health [[white paper]] proposed a smoking ban in almost all public places in [[England]]. Smoking restrictions would be phased in, with a ban on smoking in [[NHS]] and government buildings by 2006, in enclosed public places by 2007, and pubs, bars and restaurants (except pubs not serving food) by the end of 2008.<ref>BBC News [http://news.bbc.co.uk/1/hi/health/4014597.stm ''Smoking ban proposed for England ''] retrieved [[July 1]] [[2007]]</ref> On [[26 October]] [[2005]], after days of opposition and debates within the Cabinet, the government announced that it would continue with its plans. All workplaces, including restaurants and pubs selling food, will have to have a ban in place by summer 2007<ref>BBC News [http://news.bbc.co.uk/1/hi/health/4375478.stm ''Smoke ban bill details released ''] retrieved [[July 1]] [[2007]]</ref> However, there was wide criticism from all sides of the argument on this, with even many MPs threatening to try to overturn the bill. Many representatives of the licensed trade told the government only a total ban will work, and over 90 MPs signed a motion demanding a total ban, with over 100 signing for a free vote on the issue. It was reported on [[24 November]] that chief medical officer [[Liam Donaldson]] nearly quit over the partial ban, but decided to stay to champion a total ban. On the same day, the government released the results of the public consultation, after [[Cancer Research UK]] demanded them under the [[Freedom of Information Act 2000|Freedom of Information Act]], which revealed that nearly 9 out of 10 respondents wanted a total ban, resulting in further embarrassment to the government.<ref>BBC News [http://news.bbc.co.uk/1/hi/uk_politics/4466176.stm ''Chief medic considered quitting''] retrieved [[July 1]] [[2007]]</ref> On [[11 January]] [[2006]], the government further announced that it would give MPs a [[conscience vote|free vote]] on an amendment to the Health Bill, submitted by the health [[Select Committee (Westminster System)|select committee]], to instigate a total ban on public smoking. [[Secretary of State for Health|Health Secretary]] [[Patricia Hewitt]] voted in favour of the amendment and, in so doing, voted against her own department's policy. All other parties had offered free votes on the issue which was debated on [[14 February]], with 3 options - the present compromise, a total ban, or an exemption for members clubs only. On [[14 February]] [[2006]], the House of Commons first voted on the amendment to the original compromise plan, to extend the ban to all enclosed public places except private members' clubs. The amendment was carried with a large majority. MPs then voted on a further amendment to ban smoking in all enclosed public places including private members' clubs. Again this amendment gained significant support and was carried with a large majority. This therefore replaced the earlier successful amendment which would have allowed smoking only in private members' clubs. The legislation was passed by the House of Lords allowing a total smoking ban in enclosed public places to come into force in England. On [[7 June]] [[2007]], the [[House of Lords]] Economic Affairs Committee accused the government of overreacting to the threat posed by [[passive smoking]] and said that the smoking ban was symptomatic of MPs' failure to understand risk.<ref>Times Online [http://www.timesonline.co.uk/tol/news/uk/health/article672477.ece ''Smoking ban 'is based on bad science' ''] retrieved [[11 October]] [[2007]]</ref> The smoking ban came into force on [[1 July]] [[2007]], as stated on the [[30 November]] [[2006]] by former [[Secretary of State for Health]] [[Patricia Hewitt]], who called it "a huge step forward for public health".<ref> BBC News [http://news.bbc.co.uk/1/hi/health/4375478.stm ''Smoke ban bill details released''] retrieved [[July 1]] [[2007]]</ref> === Problem with the signs === On the [[10 August]] [[2007]], [[Network Europe]] and [[Deutsche Welle]]'s Carol Allen has said that the no smoking sign is grammatically incorrect as it should say “It is against the law to smoke ''on'' these premises”, not “It is against the law to smoke ''in'' these premises”. It has also led to an increase in "[[smirting]]", [[flirt]]ing with someone while they are out for a cigarette.<ref> {{cite web | last = Allen | first = Carol | title = ”Smirting” takes off in smoke free England | publisher = Network Europe | date = 10 August 2007 | url = http://www.networkeurope.org/feature/smirting-takes-off-in-smoke-free-england | accessdate = 2007-10-23 }} </ref> ==Exemptions to the law== While the ban affects almost all public indoor spaces and places of work,<ref>The Act applies to "enclosed" and "substantially enclosed" premises and these terms are defined by [[statutory instrument]]. In England the relevant regulation are the [http://www.opsi.gov.uk/si/si2006/20063368.htm The Smoke-free (Premises and Enforcement) Regulations 2006]</ref> some places are excluded from the ban, such as: * [[bus shelter]]s ''(provided they are less than 50% covered, some councils however include all in the ban),'' * [[telephone kiosk|phone boxes]] ''(but box types [[Red telephone box|K2 to K8]] are included in the ban, because they are completely sealed)'' * hotel rooms ''(if they are designated as smoking rooms)'' * [[nursing home]]s * [[prison]]s * offshore [[oil rig]]s ''(only in designated rooms)'' * psychiatric wards ''(until [[1 July]] [[2008]])'' * stages/television sets ''(if needed for the performance, except in rehearsals)''.<ref>These exceptions are defined by the [http://www.opsi.gov.uk/si/si2007/20070765.htm The Smoke-free (Exemptions and Vehicles) Regulations 2007]</ref> Smoking is also permitted in the [[Palace of Westminster]],<ref>{{cite web | last = | first = | authorlink = | coauthors = | title = Parliamentary Privilege First Report | work = | publisher = The Stationery Office | date =[[4 September]] [[2007]] | url =http://www.parliament.the-stationery-office.co.uk/pa/jt199899/jtselect/jtpriv/43/4309.htm | format = | doi = | accessdate = 2007-09-04 }}</ref> as it is for other palaces, although members of the [[British House of Commons|House of Commons]] and the [[House of Lords]] agreed to observe the ban and ban all smoking in the palace except for four designated outside areas.<ref>{{cite web | last = | first = | authorlink = | coauthors = | title = MPs 'smoking in Commons toilets' | work = | publisher =BBC News Online | date =[[5 July]] [[2007]] | url =http://news.bbc.co.uk/1/hi/uk_politics/6273830.stm | format = | doi = | accessdate = 2007-08-12 }}</ref> Smoking is allowed in a private house, but one must not smoke in areas that one works in, or in "public" areas such as shared corridors. Although prisons and hotel rooms are exempt, university [[halls of residence]] pose a dilemma for defining what is public and private. Some universities have imposed a blanket ban including halls of residence and some have not.<ref>For example, the [[University of Warwick]] has imposed a blanket ban throughout its student residences.[http://www2.warwick.ac.uk/services/safety/health_and_safety/smokinglaw/]</ref> ==Policing of the ban== Visual monitoring of people smoking in pubs and workplace toilets is difficult on a continuous timescale, as a check every hour leaves most of that hour unchecked. The main deterrent against covert smokers (deliberately) taking no notice of the law will be [[smoke detector]]s placed strategically on the ceiling of premises, which are difficult to fool. Whilst this is likely to be accepted in places such as pubs, more determined measures are being proposed to put smoke detectors in company vehicles, which have not the same degree of "public" space.{{Fact|date=July 2007}} There have been several incidents of violence perpetrated by people refusing to obey the smoking regulations. In one incident, a former heavyweight boxer, [[James Oyebola]], was shot in the head after he asked a customer at a nightclub to stop smoking.<ref>{{cite web|author=[[BBC News Online]]|date=[[24 July]] [[2007]]|url=http://news.bbc.co.uk/1/hi/england/london/6912900.stm|title= Boxer shot over club smoking row|accessdate=2007-08-07}}</ref> He later died of his injuries.<ref>{{cite web|author=[[BBC News Online]]|date=[[27 July]] [[2007]]|url=http://news.bbc.co.uk/1/hi/england/london/6919403.stm|title= Boxer shot in smoking row dies |accessdate=2007-08-07}}</ref> and police launched a murder enquiry. ==Opposition to the ban== A group, calling themselves "Freedom To Choose", launched a campaign for a [[judicial review]] of the smoking ban.<ref>Freedom To Choose [http://www.freedom2choose.info/]retrieved [[July 17]] [[2007]]</ref> They claimed that the law is in breach of the [[Human Rights Act 1998]], as it does not respect the right to privacy of people who wish to smoke in pubs and social clubs.<ref>{{cite web|author=Swindon Advertiser|date=[[19 June]] [[2007]]|url=http://www.swindonadvertiser.co.uk/search/display.var.1482703.0.nonsmoking_landlord_braced_for_high_court_ban_battle.php|title= Non-smoking landlord braced for High Court ban battle|accessdate=2007-07-02}}</ref> Supporters of the ban put forward counter-arguments, which state that the "rights" of smokers to indulge in their pastime cease as soon as it negatively affects other people in the vicinity.<ref>{{cite web|author=Chris Melville|date=[[1 July]] [[2007]]|url=http://www.eurosong.net/smokingban|title= Smoking ban: why did we have to wait for so long?|publisher=eurosong.net|accessdate=2007-07-02}}</ref> The group have now withdrawn their Judicial Review application and are no longer pursuing it ==Notes== {{reflist}} ==See also== * [[Health Act 2006]] * [[List of smoking bans]] * [[Hugh Howitt]] * [[Smokeasy]] ==External links== * [http://www.smokefreeengland.co.uk NHS Smokefree website] * [http://www.smokefreeengland.co.uk/what-do-i-do/quick-guide.html Quick guide to the smokefree law] * [http://www.freedom2choose.co.uk Freedom To Choose] * [http://www.freedom2choose.info Freedom To Choose (F2C)] * [http://www.englandsmokingban.co.uk England Smoking Ban] (commercial site) * [http://www.nosmokinglaw.co.uk United Kingdom Smoking Ban Resource Centre] (commercial site) * [http://www.nationalsmokingday.com National Smoking Day] ==Video clips== * [http://www.youtube.com/watch?v=IEe3Rq04fIY Discussing the ban with TV GP Dr Chris Steel] * [http://www.youtube.com/watch?v=Z_yMCGoEC3A David Cameron discussing the ban] * [http://www.youtube.com/watch?v=EEagIL2Hdus Smokefree England TV advert] [[Category:Tobacco control]] [[Category:Politics of England]] [[cs:Zákaz kouření v Anglii]]