Smoking out the Health Bill—Don't Hold Your Breath!
| Author | Damian Warburton |
| Date | 01 August 2006 |
| Published date | 01 August 2006 |
| DOI | 10.1350/jcla.70.4.322 |
| Subject Matter | Comment |
COMMENT
Smoking Out the Health Bill—Don’t
Hold Your Breath!
Damian Warburton*
In addition to dealing with public health issues such as obesity, alcohol
consumption and sexual health, the Health Bill1proposes to ban smok-
ing in most enclosed public places and other areas not necessarily public,
but not dwellings either—such as workplaces.2
Defining problems
Part 1 of the Bill concerns smoking and smoke-free premises, Exemp-
tions to the requirement for premises to be smoke-free are set out in
cl. 3. These include any premises where a person has his home, or is
living whether permanently or temporarily such as care homes (in-
cluding hospices), prisons or other places of confinement, and hotels
(cl. 3(2)). This is where the Bill meets its first hurdle—prisons, care
homes and hotels, etc. are also places of work. Even assuming that
residential parts and the working areas of premises can be separated,
which seems unlikely, there are still difficulties. Are prisoners who have
responsibilities correctly regarded to be working and, if so, how will the
proposed prohibition operate for them?
The exception for dwellings is also not problem-free. Where does the
proposed law stand as regards domestic cleaners, decorators, carpet-
fitters, plumbers and the like, especially if employed while a house-
holder is present? Is the house simultaneously both a place of work and
a residence, and if so, which ought to take priority?
Clause 2(2) of the Bill provides:
(2) Premises are smoke-free if they are used as a place of work—
(a) by more than one person (even if the persons who work there
do so at different times, or only intermittently), or
(b) where members of the public might attend for the purpose
of seeking or receiving goods or services from the person or
persons working there (even if members of the public are not
always present).
They are smoke-free all the time.
* Lecturer in Criminal Law, University of the West of England, Bristol; e-mail
damian.warburton@uwe.ac.uk. Grateful thanks to David Ormerod for comments on
the final draft of this article.
1 Available at www.publications.parliament.uk/pa/cm200506/cmbills/069/2006069.htm,
accessed 17 May 2006.
2 Some interesting hypotheses of what could happen if jurors and court officials are
denied any opportunity to smoke have been advanced by Judge Keith Cutler,
Honorary Secretary to the Council of Circuit Judges, The Times (29 April 2006), see
www.timesonline.co.uk/article/0,,200–2156430.html, accessed 17 May 2006.
322
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