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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
CHAPTER 8: CONCLUDING CHAPTER
8.1
This chapter provides a summary of the key themes and issues emerging from responses to the consultation.
8.2 Of those providing reasons for further action to be taken, many focussed on the health impact of ETS and the need to protect non-smokers from the negative impact of ETS. Specific attention was also paid to the health of children who are not perceived to be in a position to make choices regarding self-protection but who nevertheless need to be protected. Some respondents also focused on the need to protect workers in the workplace.
8.3 While the bulk of respondents were in favour of some form of further action, there was an opposing view expressed by some respondents who suggested that there is a lack of evidence on the dangers of passive smoking and that more scientific evidence is needed before a decision can be taken.
8.4 Across all respondents, there were some (in favour of, and against, further action) commenting on the rights of the individual to choose. While greater numbers focussed on the rights of the non-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.
8.5 Overall, the majority of respondents expressed support for a law to make all enclosed public places smoke-free, quoting the associated health risks of exposure to environmental tobacco smoke, the rights of non-smokers to breathe smoke-free air and the positive effects that a law would offer. For some, there were also comments that voluntary schemes that have been available for a while do not work and that a law making enclosed public places smoke-free would create a level playing field for all.
8.6 However, while the bulk of respondents would like to see some form of law supporting smoke-free places, there were others who had a preference for some form of compromise measures, rather than an outright ban. Suggestions were for segregated areas or banning smoking in some public places only. The greatest number of comments made in relation to segregation or designated smoking only areas emphasised the social nature of smoking, with greatest concern for the negative impact of an outright ban in all pubs. Some respondents pointed to the negative impact that a ban would have on businesses such as a decrease in profit.
8.7 Some respondents, in particular those who had concerns over health issues, referred to the need for the Scottish Executive to take the lead in a ban on smoking in enclosed public places and some made reference to the unhealthy state of the Scottish nation.
8.8 The social nature of smoking was emphasised by many respondents, with a preference for pubs and clubs to be given exemptions for smoking. This was strongest among younger people responding to the consultation and, not surprisingly, smokers themselves. A common theme emerging was for pubs to have segregated or designated smoking only areas.
8.9 Ventilation was also suggested as a means of supporting exemptions. While many organisations responding to the consultation were aware that existing ventilation systems fail to provide adequate levels of support, most of the individuals responding to this consultation assumed that existing ventilation offers adequate levels of support.
8.10 Alongside pubs, other locations where some respondents would like to see some form of compromise measure were prisons, hospitals, long term care homes and other locations that are designated as "home" for individuals for any period of time. These respondents pointed out that for those living in these locations, they are home and that individuals should have the right to choose to smoke in their own home. That said, there were other respondents who also pointed to the need to protect workers in the workplace, and that what is a home for some individuals, will be a workplace for others.
8.11 There was also greater support for the banning of smoking in locations where food is served or around children.
8.12 Of those respondents against allowing exemptions, reasons given were that exemptions could encourage abuse of the system or create confusion and that there should be one law for all.
8.13 Again, there were a number of comments that voluntary schemes have been proven not to work or that all businesses should be operating on a level playing field. Additionally, voluntary schemes were perceived by some to send out the wrong message regarding the level of importance attributed to the risks of passive smoking. Comments made also referred to the health risks associated with ETS and the need to protect workers in the workplace from the negative effects of ETS.
8.14 Once again, some respondents referred to the introduction of segregated or designated smoking areas to allow for those who wish to continue to smoke to be able to do so. Some respondents again referred to the need for adequate ventilation systems to be in place.
8.15 Some of the respondents who supported some form of voluntary action, also suggested the introduction of incentives to encourage more voluntary action on the part of businesses. These incentives were often of a financial nature such as tax incentives, rates concessions or the provision of grants.
8.16 There was also acknowledgement from some respondents for the need for support services to be provided alongside any smoking ban, with references made to the need for educational programmes to raise awareness of the impact of ETS.
8.17 Again, there was a focus from some on the need to raise awareness through education programmes and to further regulate access to tobacco products Once again, some respondents also defined a need for support and advice services to be offered alongside a ban.
8.18 Some restated their preferences for a law banning smoking in enclosed public places to be the way forward, with a focus on health risks and the need to protect all individuals from ETS.
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