Chamber
Plenary, 28 Apr 2005
28 Apr 2005 · S2 · Plenary
Item of business
Smoking, Health and Social Care (Scotland) Bill: Stage 1
First, I place on record again an acknowledgement of the work that Mr Maxwell has done in relation to the bill and our efforts to create a smoke-free Scotland. As we progress with the bill I am more than happy to discuss the issue of how herbal cigarettes are defined and what effect that will have on the overall competence of the bill. I cannot identify from here which cigarette is herbal and which is tobacco based. I understand and appreciate the point that Mr Maxwell is making, which is why I will seek to ensure that we deal with it as the bill develops. I am happy to sit down with him to work through the issue with our lawyers and advisers—I look forward to doing so.
In response to Stewart Maxwell's point, that is why we want the ban to be as comprehensive as it can be, to ensure that it is not just a legal measure but is easy to introduce and enforce. The smoking provisions are pro-clean air and pro-choice. The measures are inclusive—70 per cent of Scots do not smoke. There is currently no choice for non-smokers who have to socialise and work in smoke-filled rooms. Some of the asthmatics to whom I spoke recently told me that they are forced to avoid pubs. We have therefore proposed a comprehensive ban that is clear and simple to understand and enforce, and I am content that the provisions are consistent with the European convention on human rights. Therefore, there will be only limited exemptions on humanitarian grounds in the regulations. As exemptions will be dealt with in the regulations, those will not be finalised until the current public consultation is complete.
In the meantime, we are working hard with the business community to minimise the impact of the proposed ban and maximise the opportunities that the bill presents. To that end, I have established a smoke-free areas implementation group, which includes hospitality sector and public sector representation. That group, which I chair, will consider the key issues around the smoking measures. We are looking at the best ways to publicise the ban and advise businesses on the steps that they need to take; we are considering requirements for the training of enforcement officers; and we are seeking to exploit opportunities to market Scotland abroad and change its image to that of a healthy country. We are also considering how we can help businesses to exploit the opportunities that the ban on smoking in public places presents.
For the ban to be successful we must consider enforcement, and the Executive will work closely with the Convention of Scottish Local Authorities and local authorities to develop guidance that will ensure a consistent approach throughout Scotland. We recognise the importance of enforcement, and the Executive will provide additional funding to local authorities for that duty.
In response to Stewart Maxwell's point, that is why we want the ban to be as comprehensive as it can be, to ensure that it is not just a legal measure but is easy to introduce and enforce. The smoking provisions are pro-clean air and pro-choice. The measures are inclusive—70 per cent of Scots do not smoke. There is currently no choice for non-smokers who have to socialise and work in smoke-filled rooms. Some of the asthmatics to whom I spoke recently told me that they are forced to avoid pubs. We have therefore proposed a comprehensive ban that is clear and simple to understand and enforce, and I am content that the provisions are consistent with the European convention on human rights. Therefore, there will be only limited exemptions on humanitarian grounds in the regulations. As exemptions will be dealt with in the regulations, those will not be finalised until the current public consultation is complete.
In the meantime, we are working hard with the business community to minimise the impact of the proposed ban and maximise the opportunities that the bill presents. To that end, I have established a smoke-free areas implementation group, which includes hospitality sector and public sector representation. That group, which I chair, will consider the key issues around the smoking measures. We are looking at the best ways to publicise the ban and advise businesses on the steps that they need to take; we are considering requirements for the training of enforcement officers; and we are seeking to exploit opportunities to market Scotland abroad and change its image to that of a healthy country. We are also considering how we can help businesses to exploit the opportunities that the ban on smoking in public places presents.
For the ban to be successful we must consider enforcement, and the Executive will work closely with the Convention of Scottish Local Authorities and local authorities to develop guidance that will ensure a consistent approach throughout Scotland. We recognise the importance of enforcement, and the Executive will provide additional funding to local authorities for that duty.
In the same item of business
The Presiding Officer (Mr George Reid):
NPA
Good morning. The first item of business is a debate on motion S2M-2667, in the name of Andy Kerr, that the general principles of the Smoking, Health and Soc...
The Minister for Health and Community Care (Mr Andy Kerr):
Lab
Lives have been destroyed, families have been devastated and careers have been shattered—those are the tragic consequences of illness and disease caused by t...
Elaine Smith (Coatbridge and Chryston) (Lab):
Lab
As someone who has recently, finally, stopped smoking, I wish that I had never started.
Members:
Well done.
Elaine Smith:
Lab
Thank you. Is there any evidence that a smoking ban will help to prevent young people from starting to smoke, which is crucial?
Mr Kerr:
Lab
There is strong evidence of that worldwide and in the work that we are doing in the Executive. We seek through the bill to denormalise smoking—to make it abn...
Mr Brian Monteith (Mid Scotland and Fife) (Con):
Con
The minister talked about smokers. Does he differentiate between cigarette smokers and those who choose to smoke pipes or cigars, given that 90 per cent of t...
Mr Kerr:
Lab
I do not make a distinction, because we are talking about the protection of public health—the health of everyone in Scotland, including the 70 per cent of pe...
Stewart Stevenson (Banff and Buchan) (SNP):
SNP
Will the minister join me in welcoming the coverage of all tobacco that is smoked? Will he highlight the oral health problems, such as cancers, that are asso...
Mr Kerr:
Lab
We are seeking to address those matters in the strategy that Rhona Brankin announced recently in relation to oral health checks, particularly for the over-60...
Mrs Nanette Milne (North East Scotland) (Con):
Con
Will the minister give way?
Mr Kerr:
Lab
I will give way in a minute. I need to make progress.As Professor Sir Richard Doll has observed, an hour a day in a room with a smoker is nearly 100 times mo...
Mr Stewart Maxwell (West of Scotland) (SNP):
SNP
The minister is aware of my unswerving support for the banning of smoking in public places, but is he also aware of my concern about the definition of smokin...
Mr Kerr:
Lab
First, I place on record again an acknowledgement of the work that Mr Maxwell has done in relation to the bill and our efforts to create a smoke-free Scotlan...
Mr Ted Brocklebank (Mid Scotland and Fife) (Con):
Con
As a non-smoker, I have sympathy with many of the aspirations behind the bill. Nevertheless, the fact of the matter is that smoking per se is not illegal. I ...
Mr Kerr:
Lab
The bill rests on the Executive's aim of improving public health. The public health of those in a private club, a social club, a pub and a workplace is equal...
Mr Monteith:
Con
The minister talks about the success of the ban in New York. Why, then, will he not consider some of the exemptions that are allowed in New York, such as cig...
Mr Kerr:
Lab
I refer the member to my previous answer. I am pleased, however, that he has brought up the subject of the ban in New York. Back in 2002, few people were mor...
Mr John Swinney (North Tayside) (SNP):
SNP
Will the minister give way?
The Presiding Officer:
NPA
The minister is getting tight for time.
Mr Kerr:
Lab
I am sorry. Perhaps Mr Swinney can address the matter later, in his speech.On the other aspects of the bill, I am sure that the Executive will reflect on the...
Carolyn Leckie (Central Scotland) (SSP):
SSP
I congratulate the Health Committee, the clerks and everyone in the Parliament who has worked hard on this extensive bill and produced excellent reports. The...
Mr Kerr:
Lab
Will the member accept on record the fact that 50 per cent of general practitioner premises are privately owned and that capital support in the public sector...
Carolyn Leckie:
SSP
That case has indeed been made for PFI; however, it has been blown out of the water by Allyson Pollock and others. I do not need to repeat their points again...
Stewart Stevenson:
SNP
Will the member give way?
Carolyn Leckie:
SSP
I am sorry—I am in my last minute.As a result, it is not necessary to tie up this highly controversial measure in a generally positive piece of legislation. ...
Shona Robison (Dundee East) (SNP):
SNP
I welcome this stage 1 debate. I thank all those who gave evidence to the committee; I also thank the clerks for all their hard work in helping us with what ...
Phil Gallie (South of Scotland) (Con):
Con
I am well aware that the Health Committee has recently expressed concerns about obesity. Has the member seen any research that links cessation of smoking wit...
Shona Robison:
SNP
To be perfectly honest, that is a silly analogy. The member and his colleagues must assess whether, on the balance of probabilities, the measure will improve...
Mr Monteith:
Con
Will the member give way?