SMOKING IN PUBLIC PLACES, STATEMENT TO PARLIAMENT
BY THE FIRST MINISTER,
...............
17. We
know that the case for reducing smoking and exposure to second hand
smoke is
indisputable:
·
13,000
families a year in Scotland lose a loved one through smoking related
deaths,
and around a thousand of these are associated with passive smoking;
·
35,000
Scots are treated every year for smoking related diseases; and
·
17000
children in the UK under the age of five are admitted to hospital each
year
because of the effects of passive smoking.
18.
But
the consultation has provided new evidence on the impact of smoking
bans and a
greater range of information on public opinion:
19.
Here
is the evidence:
·
The
smoking ban in Ireland and in New York has helped smokers give up
quicker and
encouraged current smokers to smoke less;
·
Cigarette
sales have dropped by 13% in New York and by 16% in Ireland;
·
Our
research estimates that there will be a net economic benefit for the
Scottish
economy as a result of any ban, not a disadvantage;
·
Tax
revenues from bars and restaurants in New York have increased by almost
9%
since their ban was introduced;
·
And
despite the dire warnings, the first official figures from Ireland show
volume
sales down just 1.3%, and they were falling before the ban became law.
The majority of Scots
don’t smoke and, of those who do, the majority
want to give up.
There is widespread
support across Scotland for a ban on smoking in
public places but there is also support for exemptions.
But the international
evidence shows that a comprehensive, clear-cut law
to create smoke-free areas is more enforceable and effective.
And critically, medical
opinion highlights the impact that active and
passive smoking have on our national health and medical bodies, cancer
charities and others want us to take a clear and decisive step forward.
Ban
20.
So
having consulted more widely than ever before, the Scottish Cabinet met
this
morning to consider the action we will take on smoking in public
places. We had
in front of us reports on the consultation and on the impact of smoking
legislation which have been placed in SPICE.
21.
We
noted the strong support for a comprehensive ban, and we noted the
reservations
of many on the detail.
22.
But
we also noted the unequivocal evidence that smoke-free public areas
will save
lives and improve Scotland’s national health. We noted the evidence
that
productivity will increase and the expectation that we will be a more
confident
and attractive country if we take action on smoking in enclosed public
spaces.
23.
We
have considered the arguments and the evidence, and we are clear that
Scotland
must not be held back by our poor public health.
24.
The
single biggest contribution that our devolved government, and elected
MSPs, can
make to improving public health in Scotland would be to reduce the toll
of
preventable, premature deaths from smoking.
25.
So
I am proud to announce to Parliament today that we will, with your
support,
introduce a comprehensive ban on smoking in enclosed public spaces.
26.
It
will be a comprehensive band and a comprehensive ban will be a clear
signal
that Scotland has changed. It will reduce smoking, save lives and help
transform our national health. It will be easier to enforce and simpler
to
understand than other options that would fall short of that.
27.
Private
clubs will not be exempt, the only exemptions will be in private and
specific
circumstances.
Why a ban is necessary
28.
There
will be opposition to this decision, but this Parliament must do what
is right
in the national interest. And we must persuade those with reservations
to
embrace the opportunities it will create.
29.
For
individuals the opportunity to cut down or to stop. And the opportunity
for our
children and grandchildren to grow up with less pressure to smoke, and
less
likelihood of dying early.
30.
For
the hospitality industries, improved productivity, a whole new positive
image
and more customers, not fewer.
31.
For
Scotland, the opportunity to transform our national health.
32.
We
will also take steps to implement this decision together with those who
are
affected, not seek simply to impose it on those who are addicted, or
worried
about their business. We will:
·
Establish
a National Smoke Free Areas implementation group, chaired by the Health
Minister. And we will invite the Licensed Trade and others to join that
group
and assist us in this task.
·
Double
our health service support for those who want to stop smoking and need
help to
do so.
·
And
we will prepare an international marketing campaign to promote Scotland
as a
country where tourists can enjoy a smoke free environment, where
business can
expect improved health and productivity and where our sick man of
Europe image
is firmly in the past.
Enforcement
33.
On
enforcement, we have seen the scare stories and the attempts to portray
our
chosen way forward as draconian and an infringement of personal liberty.
34.
But
the Scottish people are proud of the Scottish legal system. Scots don’
t need
the threat of fines of over £3000 to obey the law. And our police
officers should, of course, be catching
serious
criminals and keeping our communities safe, as their first priority.
And our
decision reflects that.
35.
All
the experience in San Francisco, New York, Dublin and elsewhere –
cities and
countries who have been brave enough to take this decision - is that members of the public enforce
smoke-free areas themselves.
36.
However,
we must be clear on penalties and responsibilities:
·
Licensees
or employers who fail to enforce the law in their premises will face
fines up
to a maximum of £2500.
·
Licensees
who persistently refuse to comply with Scottish law will face the
ultimate
sanction of licence withdrawal by the local licensing board.
·
We
will examine, in consultation with those charged with enforcing the
legislation, a system for issuing fixed penalty notices for individuals
who
smoke in enclosed public areas and we will introduce a maximum fine of
£1000
for persistent offenders.
·
Environmental
Health and now Local Licensing Standards Officers will be responsible for enforcement -
and COSLA and their professional
bodies will be invited to join the implementation group to prepare
local
authorities for this responsibility.
Timetable
37.
Having
made our decision, we must lay out a timetable too. If this is the
right
decision for Scotland, and we believe it is, then there should be
minimum
delay. We need to act quickly and we also need to give those affected
time to
prepare.
38.
So,
having considered the legislative options, we will:
·
Introduce
the necessary legislative proposals in the Health Service
(Miscellaneous
Provisions) Bill due to be presented to Parliament before Christmas; and
·
Set
a target date for full implementation in the spring of 2006.
39.
Presiding
Officer, devolution has provided us with the means to make a
difference, suited
to the specific needs of Scotland. To my mind, there is no greater
action we
can take to improve the well-being of children and families in
Scotland, for
generations to come, than to secure this legislation and make
Scotland’s public
places smoke free.
40.
But,
more than anything, the reason why smoking in public places should be
illegal
is because of the message it sends to our nation.
41.
No
longer will Scotland be the place in Europe most associated with poor
health.
42.
No
longer is Scotland prepared to sit back and let cultural traits prevent
national progress.
43.
No
longer does Scotland need to wait for someone else to take
responsibility for
difficult decisions.
44.
The
greatest rewards can be found …. from taking the toughest decisions.
45.
The
prize here is not a new set of laws, or the restriction of personal
freedoms.
46.
The
prize is greater than that.
47.
We
in this Parliament have a chance to make the most significant step to
improve
Scotland’s public health for a generation. It is a chance that this
government
is willing to take and an opportunity this Parliament should not miss.
And I
don’t believe you will.