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Smoking in Public Places
A Consultation on Reducing Exposure to Second Hand Smoke
Key Findings of Responses to a Public Consultation
EXECUTIVE SUMMARY
Background
On 7 June 2004, The Scottish Executive Health Department published a consultation document
"Smoking in Public Places - A Consultation". The aim of the consultation was to obtain peoples' views on possible approaches to minimising the harm caused by second hand smoke. The consultation provided an open invitation to anyone who had an interest in this issue to give their views and the public consultation document was designed in a questionnaire format to enable the consultation to be as accessible as possible to a wide range of individuals who wished to make a response. A total of around 600,000 consultation questionnaires were distributed and 53,474 responses were submitted to the Scottish Executive.
The consultation document set out the background to the consultation, highlighted the key topics for consideration and posed a series of questions to which respondents were invited to respond. The questions focused on 6 broad topic areas:
Whether further action needs to be taken to reduce people's exposure to second-hand smoke
Whether individuals would support a law that would make enclosed public places smoke-free
Whether there should be any exemptions if a law is introduced
What could be done to encourage individual businesses to take voluntary action to become smoke-free or to provide more smoke-free provision
What else could be done to reduce people's exposure to second-hand smoke
Details of any other views on smoking in public places
At the launch of the consultation, consultation papers were distributed to a wide range of organisations and individuals with a professional interest in the smoking in public places debate. In order to make the consultation paper widely available to the public, copies were also distributed via a variety of different locations such as doctors' surgeries, libraries and other civic locations. The consultation paper was also available on the Scottish Executive website for any interested individuals.
Who Responded to the Consultation?
Two very distinct types of response were submitted. The first was free-flowing commentary, primarily from businesses and organisations, and the second was questionnaire responses, primarily from the general public. In general, businesses and organisations responded with relatively lengthy and free-flowing commentary that did not follow the Scottish Executive questionnaire, and views were based on their experience and understanding of smoking in enclosed public places.
Members of the general public who chose to respond to this consultation did so, primarily, by using the questionnaire issued by the Scottish Executive with the public consultation paper. While views were very broad ranging, questionnaire responses were not generally as extensive as the free-flowing responses from businesses and organisations.
A total of 53, 474 responses were received using the consultation questionnaire, (52,441 individual responses from the general public and 1,033 responses from organisations) and a further freeflowing 179 written responses from organisations and professionals, taking into account duplicate responses and petitions.
In terms of gender, broadly similar proportions of males and females responded to this exercise. When we examine age groups, a majority of those responding were in the 25 - 59 age grouping. The bulk of respondents are non smokers and the majority of responses have come in via the questionnaire form.
Of the 179 freeflowing responses, the single largest organisation type responding to this consultation was health organisations (30% of responses). Local authorities and business organisations accounted for 15% and 11% of responses respectively. Other groups were represented among these responses, although only two community organisations and trade unions, and only one justice related interest and one transport organisation responded to this public consultation paper. Eighteen responses were received from organisations classified under "other" and these included academic institutions and leisure organisations.
Key Findings
Results from key questions posed in the consultation document:
Q1. Do you think further action needs to be taken to reduce people's exposure to second-hand smoke?
A large majority of respondents (82%) support the view that further action needs to be taken to reduce people's exposure to second-hand smoke.
Significant comments made by those giving a reason for their response included the following:
Many focused on the health impact of ETS and the need to protect non-smokers for the negative impact of ETS.
Some respondents suggested there is a lack of evidence on the dangers of passive smoking and that more scientific evidence is needed.
While greater numbers focused on the rights of smoker not to be subjected to ETS, there were some who pointed to the rights of the smoker to be able to choose to smoke.
Q2. Would you support a law that would make enclosed public places smoke free?
A large majority of respondents (80%) support a law to make enclosed public places smoke-free.
Common points made by those responding to this question included the following:
Again, many focused on health risks of exposure to ETS and rights of both smokers and non-smokers.
Some commented that voluntary schemes already available do not work and that a law making enclosed public places smoke-free would create a level playing field for all.
Some suggested compromise measures, rather than an outright ban. With the greatest number of comments made in relation to segregated or designated smoking only areas.
Some respondents pointed to the negative impact that a ban would have on business such as a decrease in profit.
Q3. If a law was introduced, do you think there should be any exemptions to it?
35% of respondents would like to see some form of exemption and 56% felt that there should not be any exemptions.
Of those who stated that they support a law at Q2, 67% said that there should not be any exemptions.
Of responses which stated a preference for some form of exemption:
Many respondents emphasised the social nature of smoking, with a preference for pubs and clubs to be given exemptions for smoking.
Ventilation was also suggested as a means of supporting exemptions.
Some respondents would like to see some form of compromise measure in locations designated as "home" for some individuals (such as prisons, hospitals and long-term care homes).
Q4. If we decide not to introduce a law, what more could be done to encourage individual businesses to take voluntary action to become smoke-free or to provide more smoke-free provision?
Of those respondents who contributed views:
A range of suggestions were made in relation to some form of (primarily financial) incentives or deterrents for employers and/or smokers.
Again, there were some comments from organisations in relation to a need for education to raise awareness and for the provision of smoking cessation services
Some suggestions from members of the general public relate to the need for a law and for the Scottish Executive to take a lead, noting that there are problems with schemes that rely on voluntary co-operation. Organisations responding to this consultation also comment that introduction of a law prohibiting smoking is needed as voluntary schemes have proved ineffective to date.
Q5. What else could we do to reduce people's exposure to second hand smoke?
Again, some respondents focused on the need to raise awareness through education programmes and to further regulate access to tobacco products.
Again, some respondents defined a need for support and advice services to be offered alongside a ban.
Q6. Any other views you have about smoking in public places?
Respondents tended to focus on the key themes and issues already highlighted.
Summary of key themes raised
Overall, those responding to this consultation tended to focus on a number of distinct themes, these included:
health issues and the health risks of exposure to ETS
a need to protect non-smokers from ETS
a need to protect the health of children
the types of diseases caused (or attributed to) by ETS
a lack of supporting evidence on the dangers of passive smoking
whether or not there is a need for legislation
the extent to which legislation should be introduced
provision of a voluntary code, rather than mandatory law
the impact of a ban on businesses (particularly those within the leisure and hospitality sectors)
the need to support workers from the harmful effects of ETS
support for compromise measures
whether or not there should be exemptions to a law on banning smoking in enclosed public places
the types of locations where smoking should be allowed
the concept of freedom of choice for the individual
the provision of support services such as smoking cessation services (both at an individual and business level)
the need to increase awareness of the dangers of ETS through educational campaigns
the impact of a ban on smoking in enclosed public places
whether or not there should be exemptions for specific types of location
how a ban could be enforced
whether or not a smoking ban has worked in other countries
Details relating to all these issues are included in the full analysis.
Across those individuals responding to this consultation:
there is little difference in the views shown in terms of gender
there are some differences in terms of age - while levels of support for further action and support for a law to make enclosed public places smoke-free are similar across different age groups, higher proportions of those aged under 25 support some form of exemptions
not surprisingly, smaller proportions of smokers than non-smokers are supportive of further action or supportive of a law to make enclosed public places smoke-free, and greater proportions would like to see some form of exemptions
Across those professionals and organisations providing a freeflowing response to this consultation, those representing health and public sector organisations focused on health issues whilst organisations from the licensed trade and hospitality sectors focused on implications for business.
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