Smoking ban to become reality

Many employers, particularly those in Scotland, need to consider reviewing their smoking policies over the coming months in preparation for the introduction of a ban on smoking in public places, according to Jane Fraser, the partner who heads up the employment, pensions and benefits department at corporate lawyers, Maclay Murray & Spens.

The Executive has already taken the first steps towards introducing a comprehensive ban on smoking in public places in Scotland from spring 2006, with the necessary legislative proposals being set out in the Health Service (Miscellaneous Provisions) Bill, due to be presented to Parliament before Christmas.

Jane Fraser explains: ìWhat many may not yet appreciate is that the proposals for England and Wales, which have been set out in the white paper on public health, do not go as far as the Scottish plans.î

South of the border, the Government has proposed that all enclosed public places and workplaces will be smoke free and that all restaurants, pubs and bars preparing and serving food will also be smoke free, by the end of 2008. However, other pubs and bars will be free to choose whether to allow smoking.

Jane Fraser points out: ìThe comprehensive ban on smoking in all enclosed places, which is being proposed in Scotland, is much stricter.î

In addition, it is being proposed that employers or licensees who fail to enforce the law will face fines of up to 2,500, while licensees who persistently refuse to comply with the law will face the ultimate sanction of losing their liquor licence. There are also plans to examine a system of issuing fixed penalty notices for individuals who break the law. Those who persistently break it will face a maximum fine of 1,000.

She adds: ìWhatever the exact shape of the final legislation, there can be no doubt that we are experiencing a major shift in how we view the acceptability of inflicting second-hand smoke on others. For employers, this will mean having to take a far more active approach to protecting their staff, just as they would with other environmental hazards. If they wish to avoid some costly liabilities, they need to start reviewing their smoking policies sooner rather than later and definitely before the legislation comes into force.î