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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
C
HAPTER 1 - BACKGROUND TO THE CONSULTATION
BACKGROUND
1.1 The detrimental effects of smoking have been a major public health concern since 1962 when the Royal College of Physicians published "Smoking and Health". This groundbreaking report clearly evidenced a direct link between smoking and life threatening diseases such as lung cancer and coronary heart disease, and called for urgent government intervention recommending actions such as a public education programme, increased taxation, restrictions on tobacco advertising, greater steps to restrict the sale of tobacco to children and restrictions on smoking in public places.
1.2 Since then, progress has been made to reduce levels of smoking, and establish smoke free zones through a variety of measures and policies. However, there is still a long way to go. Smoking is a habit that is deep rooted within Scottish society, particularly within deprived communities
1. Recent figures show that 31% of adults are smokers
2. The habit remains the biggest single cause of preventable illness and premature death in Scotland, placing considerable strain on the National Health Service. Smoking is estimated to cost the NHS between 1.4bn and 1.7bn annually in the UK
3 whilst the NHS in Scotland spends an estimated 200 million per annum (at present day prices) on hospital treatment for diseases caused by tobacco use
4.
1.3 The issue of passive smoking has recently been brought to the fore, in the light of research evidence to indicate that second hand smoke increases the risk of a number of life threatening illnesses and other conditions.
5 Passive smoking is consequently now a matter of major public health concern.
1.4 The Scottish Executive is tackling the problem of smoking in Scotland as part of a wider policy to improve the health of the nation, increase life expectancy across the whole population and narrow the gap between deprived communities and the better off
6. The first ever action plan on tobacco control for Scotland, "
A Breath of Fresh Air for Scotland"
7, was published in January 2004. This document builds on the work of NHS Scotland and ASH Scotland
8 and outlines action in a range of areas including prevention and education, the provision of smoking cessation services, and protection and controls to reduce the attractiveness and availability of cigarettes. One of the key elements of the plan is to minimise the harm caused by second hand smoke.
1.5 It is recognised that policies of
persuasion are very often more likely to be successful than those of
coercion. Indeed, voluntary approaches to reducing smoking in public places have had some degree of success in the past and restrictions on smoking have been introduced into many work places in recent years
9. However, it is estimated that a quarter of employees are still exposed to tobacco smoke in the workplace, particularly those working in leisure areas such as restaurants, bars and pubs
10. Whilst there has been progress through the Voluntary Charter on Smoking in Public Places to improve smoke-free provision in such venues, its impact is limited and there is recognition that more needs to be done
11.
1.6 The Tobacco Control Action Plan announced the Executive's decision to consult the people of Scotland on the issue of passive smoking targeting individuals, businesses, representative groups and other organisations, and enabling them to contribute to the policy process. The alternative approaches to minimising the harm caused by second hand smoke suggested in the consultation materials were: enhancing the current voluntary approach; introducing a blanket ban on smoking in public places Scotland-wide, or targeted at specific places; giving powers to local authorities to regulate smoking in public places; or a combination of targeted statutory controls and voluntary action.
1.7 Any action to restrict or prohibit smoking in public places through legislation is a highly controversial issue. Many individuals consider smoking to be a matter of personal choice and a basic right. Moreover, general public awareness of the health implications of second hand smoking is still limited, and the justification for such legislation may not be widely understood. In this context, the Scottish Executive realises the importance of a public debate and consultation, both to generate awareness of the health risks of second hand smoke as well as providing opportunities for various interested parties to express their opinions on the issue.
1.8 The Scottish Executive defined "public place", in the context of the consultation, as any enclosed or semi-enclosed area that members of the public have access to that provides a business or service. It includes workplaces, buildings and transport. An "enclosed place" is defined as a single space completely enclosed on all sides of any opening.
THE CONSULTATION
1.9 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 feedback on possible approaches to minimising the harm caused by second hand smoke. The consultation aimed to seek views on whether further action should be considered and if so what that action might be. By informing the public on the significance of passive smoking for the long term health of the Scottish population, the aim has been to foster an informed public debate and explore support for further action, including legislation, should it be introduced.
1.10 Around 200,000 copies of the consultation document were initially 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 any other interested individuals and the broader general public, copies were also distributed to 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. Due to additional requests for consultation papers, further copies of the consultation pack were printed and distributed throughout the consultation period. In total, around 600,000 consultation questionnaires were distributed.
1.11 The consultation forms one central strand of a wider consultative exercise including :
A programme of awareness raising activity: carried out by NHS Health Scotland
Research and evidence gathering: three pieces of research have been commissioned by NHS Health Scotland on behalf of the Scottish Executive
Public consultation, including
Publication of consultation materials which have been made widely available to organisations, businesses and members of the public
A number of regional public seminars throughout Scotland
A series of focus groups with targeted sections of the population
Activities conducted with young people by the Young Scot organisation
A national conference held on 9 September 2004
An opinion survey of a representative sample of the Scottish population
Assessment and conclusions from this work, feeding into an evidence report
AIMS AND OBJECTIVES OF THE PUBLIC CONSULTATION PAPER
1.12 The specific objectives of the public consultation paper were to:
Obtain views of the general public and organisations in terms of what action needs to be taken to reduce people's exposure to second-hand smoke
Assess levels of support for a law that would make enclosed public places smoke-free
Ascertain the extent to which any exemptions to smoking in public places should be offered
Obtain views on how individual businesses could be encouraged to take voluntary action to become smoke-free or to provide more smoke-free provision
Outline any other measures on ways in which to reduce people's exposure to second-hand smoke
Provide any further views about smoking in public places.
1.13 In May 2004, George Street Research was commissioned to undertake analysis of responses to the public consultation paper and this document constitutes the final report on findings from responses to the public consultation paper. Findings from the consultation were fed into the information which assisted Scottish Executive Ministers to reach a decision on future policy in respect of smoking in enclosed public places.
1.14 Where individuals have agreed to have their response made public, these responses will be available in the Scottish Executive library. The main organisational responses are also available on the Scottish Executive web-site, alongside a copy of this report which provides an analysis of all responses.
Scale of the responses
1.15 The consultation received an unprecedented response, with 53,474 members of the public, professional and organisations contributing their views.
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