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Smoking in Public Places - A Consultation on Reducing Exposure to Second Hand Smoke

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Smoking in Public Places
A Consultation on Reducing Exposure to Second Hand Smoke
Evidence Report

CHAPTER FIVE - THE LEVEL OF SUPPORT FOR LEGISLATION

5.1 Having considered the implications and issues that have emerged throughout the course of the consultation, this chapter considers the level of support amongst the general public of Scotland for the introduction of legislation.

5.2 The findings outlined here are drawn primarily from the analyses of the public consultation responses. Some quantitative data was obtained from this analysis along with qualitative data indicating the breadth and depth of responses expressed by members of the general public during the consultation. Results are based on the 53,474 responses received. The scale of response indicated that smoking in public places is an issue that people feel strongly about, motivating them to respond to the public consultation. However, these results do not represent the Scottish population as a whole.

5.3 Quantitative data were also obtained from the omnibus survey and the workplace policies survey. The omnibus survey results are based on a representative sample of the population.

5.4 The qualitative findings derived from the other consultation activities are particularly important in backing up the quantitative data or explaining particular findings, adding depth of meaning to the final analysis.

5.5 Where there is evidence of a correlation between a view point and certain social criteria such as smoker status, age, gender and so on these have been identified in the analysis. Of particular interest to the analysis might be the correlation between a particular perspective or opinion and the smoking status of the respondent. It should be noted that although there are some correlations between smoker status and a particular view point, there is also evidence that shows that some smokers and non-smokers share the same view. It cannot be assumed that all smokers hold one view, and non or ex-smokers hold another.

Support for action to reduce exposure to second hand smoke

5.6 Across all strands of the consultation there was broad support for further action to reduce exposure to second hand smoke.

Analysis of public consultation responses

5.7 In the public consultation paper, respondents were asked, " Having considered the health risks associated with passive smoking, do you think that further action needs to be taken to reduce people's exposure to second hand smoke?"

5.8 The majority (82%) of those responding to the consultation felt that further action needs to be taken to reduce people's exposure to second hand smoke; only 13% stated that no further action is required.

5.9 There was little difference between the views of males and females, the age group of the respondents, or indeed the type of response, be that personal (82%) or on behalf of a group or organisation (79%).

5.10 Not surprisingly, there were differences according to smoking status, with 94% of those who do not smoke claiming that further action is needed, in comparison to only 43% of respondents who smoke. There were also some differences in response from organisations. Those in the hospitality sector, especially pubs and bars, were less inclined to agree that further action is needed than any other type of organisation.

Omnibus survey

5.11 In the omnibus survey respondents were asked, "Do you think that further action needs to be taken to reduce people's exposure to passive smoking / second hand smoke?" Just over half of respondents (53%) said that they would support further action being taken to reduce exposure to passive smoking and second hand smoke. Support was strongest amongst those who have never smoked. Current smokers were likely to say that no further action was needed.

Other strands of consultation

5.12 The evidence offered by the youth consultation showed that 75% of young people surveyed across Scotland believed that more needs to be done to reduce the effects of second hand smoke.

Support for a law that would make enclosed public places smoke-free

Analysis of public consultation responses

5.13 In the public consultation, when asked, "Would you support a law that would make enclosed public places smoke-free?" 80% of respondents said that they would support such a law, whilst 18% stated that they would not give support for this law. A further 2% did not know whether or not they would support this law.

5.14 In terms of responses from the general public, there was slightly more support for the proposed law from female respondents (82%) than males (78%). There was little difference in respondents' views when analysed by age group.

5.15 Unsurprisingly, only 30% of smokers said that they would support the introduction of such a law compared with 92% of non-smoking respondents.

5.16 Those responding from prisons were less keen on the idea of a ban with only 63% stating that they would support a law to make enclosed public places smoke-free.

5.17 A smaller proportion of those responding to the consultation on behalf of an organisation were supportive, although there were clear differences between different types of organisation.

5.18 The majority of replies from health organisations, local authorities, and voluntary organisations stated that they would support the introduction of a law to make enclosed public places smoke-free. However of the organisations claiming they would not support this, a number have a vested interest in tobacco sales or the provision of ventilation services.

Omnibus survey

5.19 In the omnibus survey, respondents were asked, "Would you support a law that would make enclosed public places smoke-free (public places includes workplaces and public transport)?" Just over half of respondents (54%) were supportive of this whilst around a third (37%) were unsupportive. Support was most prominent amongst those who had never smoked (77%) and ex-smokers (61%). Those not in support were more likely to be smokers (59%). However, around a third of current smokers also indicated that they too would support a ban.

Other consultation strands

5.20 The youth consultation showed that 64% of young people in Scotland believed that smoking should be banned in enclosed public places.

5.21 The workplace policies survey also showed some support for a smoking ban, as 28% of respondents could see no negative consequences of it (compared with 11% who could see no benefits).

If a law was introduced should there be any exemptions?

Analysis of public consultation responses

5.22 In responses to the question, "If a law was introduced, do you think there should be any exemptions to it?" over half of respondents (56%) said that there should not be any exemptions, whilst 35% felt there should be exemptions.

5.23 There were some differences in response in terms of age, with more respondents under 25 saying that there should be exemptions than those aged 25 or more: 41% of under 16's and 45% of 16-24 year olds said there should be exemptions compared with 34% of 25-59 year olds and 35% of those aged 60 or over.

5.24 Once again there was a large difference in opinion between those who smoke compared with those that do not smoke; 78% of smokers said that there should be exemptions compared with only 26% of non-smokers. In addition, slightly more organisations stated that there should be exemptions (42%) than did individuals (35%).

5.25 The majority of those who are in support of a law also stated that there should be no exemptions (67%). In contrast, the majority of those who were against the introduction of a law also thought that there should be exemptions if a law was introduced (85%).

5.26 The areas specified for exemptions by the greatest proportion of respondents in support of exemptions in the public consultation were pubs, clubs and other places where alcohol is served, reflecting the strong association between smoking and alcohol for many smokers.

5.27 Smaller numbers of respondents also mentioned some other areas where they felt that either an exemption should apply or that there should be a provision of a smoking area:

  • Restaurants, cafes and eating places

  • Hospitals for terminally ill patients

  • Workplaces

  • Prisons

  • Nursing homes

Omnibus Survey

5.28 Respondents were asked, "If a law was introduced do you think there should be any public places which are exempt from it (i.e. any enclosed public places where smoking should be allowed)?" The responses to this question in the omnibus survey revealed that amongst respondents expressing support for a law banning smoking in public places, a fairly high percentage (66%) of them also believed that there should be some exemptions. In other words, there was a strong feeling that legislation should not be all encompassing.

5.29 Respondents who had expressed support for a law, were then asked, " Which enclosed public places do you think should be exempt from this law if it was introduced?" Just over half of these respondents spontaneously mentioned pubs (57%). This view was most likely amongst current smokers (74%) and those aged 25-34 years (65%). Around a fifth (21%) spontaneously mentioned clubs and 16% mentioned restaurants. Almost a quarter of current smokers who expressed support for a law thought that restaurants should be exempt.

Other strands of consultation

5.30 Similarly, the workplace policies survey found that there was slightly greater support for legislation that would restrict smoking (82%) rather than ban it (71%) in the workplace indicating preference for legislation that was not all encompassing.

Qualitative findings concerning the level of support for legislation

Level of support for further action

5.31 The quantitative data is backed up by the messages emerging in other aspects of the consultation and the qualitative aspects of the research exercises. Across all strands of the consultation, a large number of respondents agreed that the time for some sort of change had come. However, there were varied opinions about what that change should consist of.

5.32 There often appeared to be greater support for partial measures rather than a complete ban in all public places. In the public consultation some respondents suggested the introduction of segregated or separated areas, or ventilation in smoking areas, to allow smokers to have a place to smoke. In the workplace policies study, there was evidence of a preference for smoking restrictions rather than a complete ban particularly with reference to the leisure and hospitality sector. In the focus groups again some respondents suggested that some smoking provision could be provided in licensed premises.

Level of support for legislation

5.33 Across the consultation, there was support for legislation banning smoking in enclosed public places, although this was not universal. In the focus groups, some respondents were clearly in favour of a complete ban and this was also evident in the public consultation. In some of the regional public seminars there was a polarisation of views between those strongly in favour of a complete ban (a view most strongly propounded by health professionals present at events) and those strongly against (a view most strongly propounded by the licensed trade and hospitality sector).

Should there be any exemptions?

5.34 The qualitative research also reflected the quantitative findings regarding views on exemptions. Again, across the consultation, some respondents felt that some public places should be exempt from legislation. In the public consultation and the focus groups pubs, bars and licensed premises emerged as places to which many felt exemptions should apply. Amongst some businesses responding to the public consultation, pubs and clubs were again highlighted as places that should be exempt.

5.35 Health organisations in the public consultation tended to think that there should be no exemptions. However, some emphasised that long term care facilities should not be classified as public places (therefore, in effect, they would be exempt from the legislation).

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Page updated: Thursday, June 9, 2005