[Intl-tobacco] UK: Cabinet disarray over smokefree rules

Robert Weissman rob@essential.org
Thu, 27 Oct 2005 10:42:49 -0400






Times On Line
October 26, 2005


Hewitt backs off on smoking ban after Cabinet revolt
By Simon Freeman and Philippe Naughton








Patricia Hewitt, the Health Secretary, has backed down over her demands
for a near-total ban on smoking in pubs after a rebellion by Cabinet
colleagues.

Ms Hewitt today announced that non-food pubs and private members clubs
would be exempt - as originally promised in the Labour manifesto - when
the long-awaited Health Improvement Bill is published tomorrow.

The watered-down proposals are the result of a fierce internal squabble
which critics said was evidence of a collapse in discipline in Labour.

It was condemned by anti-smoking groups as a "bodged compromise" which
will exacerbate the health divide between rich and poor areas in England
and Wales.

Ms Hewitt has been manoeuvring since her appointment as Health Secretary
in May to overturn the two concessions, which were included in Labour's
election manifesto by her predecessor John Reid to soften the ban.

Mr Reid, now the Defence Secretary, led the drive among ministers
against stronger legislation.

But Ms Hewitt insisted today that the Bill would still protect "99 per
cent" of the workforce from the effects of second-hand smoke.

In a statement, Ms Hewitt said: "I shall introduce a Health Bill
tomorrow to the House of Commons. As promised in Labour=92s manifesto, the
Health Bill will include a ban on smoking in enclosed workplaces and
public places which will cover 99 per cent of the workforce."

She said that membership clubs would be exempt from the ban, and
non-food pubs and bars will be "free to choose whether to allow smoking,
or be smoke-free".

Smoking at the bar will be prohibited in all venues, and the Government
will consult on how this can be achieved - whether by introducing
separate smoking rooms or areas to protect staff.

A review will be carried out after three years to measure the impact of
the changes.

Ms Hewitt said: "I believe this Bill will be very widely welcomed as a
major step forward in protecting people from second-hand smoke, and
improving the health of the nation."

The decision means that the legislation in England and Wales will be
significantly weaker than in Ireland, where a blanket ban has been in
force for almost a year.

James Johnson, chairman of the BMA, expressed disappointment at the
"wasted opportunity to protect the public=92s health".

"The Government has thrown away the opportunity of a lifetime to protect
the public=92s health. The BMA will continue to lobby at every opportunity
while this legislation goes through Parliament to try and change this
situation."

Professor Carol Black, president of the Royal College of Physicians,
said: "It is especially disappointing, given both the weight of evidence
and the knowledge that similar policies have been implemented
effectively with popular support in other countries."

ASH said that the Government had reverted to a "pre-election bodged
compromise"

Deborah Arnott, its dierctor, said: "Dr Reid=92s last-ditch defence of
smoking in pubs and clubs has led to a ridiculous mess.

"There is no excuse whatsoever for the Government to accept that
second-hand smoke is a serious health and safety issue, and then to try
to exempt some of the employees most at risk."

Professor Alex Markham, chief executive of Cancer Research UK, said:
"The compromised law will be unworkable. Sadly, people will die as a
consequence of this half-hearted decision.

"The scandalous fact is that the Government is fully aware of this, and
is reneging on its fundamental duty to protect the people.

Brendan Barber, general secretary of the TUC, said: "This missed
opportunity is very disappointing. The Government is now going ahead
with proposals that were overwhelmingly rejected in a public
consultation as unworkable.

"If ministers cannot agree among themselves, then they should give MPs a
free vote."

Andrew Lansley, the Shadow Health Secretary said: "The Government=92s
current approach is a U-turn on previous policy and its application is
riddled with flaws. For example, it does not address health
inequalities, as pubs in the most deprived areas pubs do not usually
serve food anyway."

Steve Webb, the Liberal Democrat health spokesman said: "This cowardly
decision by the Cabinet is a blow for the thousands of people working in
bars and clubs.

"Passive smoking damages your health whether you are serving pork chops
or pork scratchings. The parts of the country where people are least
healthy are also the places where fewer pubs serve food, so these plans
will increase the health gap in Britain."






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--

he Times =09October 26, 2005


Cabinet in disarray over smoking ban
By Philip Webster
Senior figures say disunity suggests Blair is losing his grip



A CABINET battle over smoking intensified last night as a day-long
attempt to reach a deal over the ban in pubs ended with ministers
divided over what they had agreed.

The Health Improvement Bill, which was due to have been published today
by Patricia Hewitt, the Health Secretary, has been delayed at least
until tomorrow. It is likely to have gaps in it that will be filled only
at a later stage, when the details of how the ban will work have been
thrashed out.

But with Cabinet unity breaking down, it was clear last night that
divisions remained over whether restrictions should be imposed on
smoking in pubs where food is not served.

After the failure to reach an agreement on Monday, Ms Hewitt spoke on
the telephone to individual ministers yesterday to try to reach an
accord. Ms Hewitt, Downing Street and ministers including Tessa Jowell,
who had previously backed an outright ban, believed afterwards that
there had been a consensus on a deal that would ban smoking in pubs that
served food and would allow smoking in =93sealed rooms=94 in those that did
not.

But John Reid, the Defence Secretary, and Jack Straw, the Foreign
Secretary, who chaired the Cabinet Domestic Affairs Committee on Monday,
which discussed the issue, did not accept that a consensus had been
reached. They were said by colleagues to believe that the more
permissive approach outlined in Labour=92s election manifesto had been
agreed.

This would ban smoking in food-serving pubs, but give other pubs
discretion to decide for themselves =97 and there was no suggestion these
would need a sealed designated area.

Mr Straw wrote to ministers last night saying that his understanding of
the =93consensus=94 was that the Government would stand by its manifesto
position and not subject =93smoking pubs=94 to an extra requirement that
they should have special designated smoking areas.

The letter asked for their comments by this morning. In a mood of
growing bitterness, it was suggested that the row had become a =93battle
of the sexes=94, with Ms Jowell and Ms Hewitt ranged against Mr Reid and
Mr Straw.

Tony Blair was said not to be too closely involved, but senior
backbenchers said last night that the show of Cabinet indiscipline was a
sign that his authority might be waning. Informed sources also said that
Mr Blair was not in favour of a complete ban, but approved of the sealed
rooms idea. He was said to have told Ms Hewitt, who would otherwise have
supported a complete ban, to come up with a solution that allowed
smokers in pubs without harming others.

Frank Dobson, the former Health Secretary, backed a complete ban. =93If
you can do it in the bars in Dublin, as the Irish have done, you can do
it anywhere,=94 he said.

Mr Reid, who was Health Secretary at election time and who worked hard
to achieve the compromise outlined in the manifesto, was leading the
fight to prevent the ban being tougher than he had left it.

Since the election, Ms Hewitt has decided that the manifesto approach
did not work. Consultations suggested that some pubs would stop serving
food to keep smokers. That was seen as going against the principle
behind the ban.

But, in the Cabinet committee, Mr Reid contested the finding that pubs
would give up serving food. He said that such action would be unlikely
because food generated such a large part of their takings.

Ministers who objected to Ms Hewitt=92s =93smoking carriages=94 proposal sa=
id
that it could endanger staff who entered the rooms to clean up or take
away empty glasses. Officials said that the details of how the
designated smoking areas could work would be included in later regulations.

*JOHN REID*

=91Demand for a blanket ban is =91an obsession of the learned middle class=
=92

=91People in lower socio-economic categories have very few pleasures in
life and one is smoking=92

=91The only enjoyment sometimes they (young mothers on sink estates) get
is having a cigarette=92

*PATRICIA HEWITT*

=91The increase in smoking among young women is worrying, not only for
their health but for that of the children they will have=92

=91We are acting to protect people from second-hand smoke=92

=91It is a matter of time before we get to the same position as Scotland
and Ireland=92