United Kingdom
England
England became smokefree on July 1, 2007. The entire UK is now smokefree, making it the world’s most populated smokefree jurisdiction. Smoking is prohibited in enclosed or substantially enclosed public places and workplaces. Designated smoking rooms are not allowed. There are a few exemptions such as residential accommodation, designated rooms in care homes and psychiatric hospitals (until July 1, 2008 only), designated hotel rooms, and performers on stage. An attempt to exempt some pubs and private clubs failed before the legislation was passed, allowing England to become 100% smokefree.
Unlike in Scotland, the government did not support smokefree legislation, preferring a voluntary approach to regulation. In spite of this, a new strategy by health advocates focusing on comprehensive workplace legislation succeeded because of effective advocacy. It showed clear public and media support for smokefree legislation. It also showed how the interests of the tobacco industry and the hospitality industry differ. This difference was used to secure the backing of the hospitality industry to support comprehensive national legislation in order to achieve a level playing field and protect itself from litigation.
The successful implementation of the Irish legislation in March 2004 and Scottish legislation in 2006 had a positive impact, but they were not sufficient on their own to change the position of the UK Government. A coordinated approach was taken. ASH and Cancer Research UK set up a "core group" of key NGOs and others, including Asthma UK, the BMA, the British Heart Foundation, the Chartered Institute of Environmental Health and the Royal College of Physicians.
England is an example where advocacy has succeeded, achieving legislation when faced with strong resistance by Government.
There was a smooth transition to smokefree places and public and business support was high. Compliance after three months was 98%.
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Smoking ban triggered the biggest fall in smoking ever seen in England MONDAY 30 JUNE 2008
Smokefree Action’s previous campaigns
Northern Ireland
Smokefree public places legislation came into force in Northern Ireland on April 30, 2007 under The Smoking (Northern Ireland) Order 2006. Smoking is prohibited in enclosed or substantially enclosed public places and workplaces. Designated smoking rooms are not allowed. However, there are a few exemptions.
At the end of March 2008 it was announced that smoking and driving will be banned. This is part of a set of measures adopted to improve road safety and which are due to be implemented by January 2010 (ASH Scotland News 31/3/08).
The campaign for smokefree legislation ran for many years and included lobbying decision makers, and preparing evidence information on the health effects of second-hand smoke for the public. But the successful introduction of smokefree legislation in the Republic of Ireland in 2004 convinced decision makers and the public that comprehensive smokefree legislation was feasible.
A compliance telephone number is available. Compliance appears to be high so far with very few calls to the compliance line.
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Further information on the smoking ban in Northern Ireland
Scotland
On March 26, 2006, Scotland became the first region in the UK to introduce 100% smokefree legislation.
The law prohibits smoking in enclosed or wholly enclosed public places and workplaces. Designated smoking rooms are not allowed. There are a few exemptions such as residential accommodation, including communal areas such as stairwells, designated rooms in psychiatric hospitals and care rooms, and designated hotel rooms.
A National Consultation was carried out in 2004. Members of the public and organisations were asked to complete and return a questionnaire. The majority (82%) of respondents thought that further action needed to be taken to reduce people’s exposure to second-hand smoke. 80% of respondents supported a law that would make enclosed public places smokefree. 56% did not think that there should be any exemptions if a law was introduced. The general public and the hospitality sector tended to focus on pubs, clubs and restaurants in terms of exemptions. Organisations also referred to long-stay care facilities, prisons and workplaces that are also homes of individuals looked after there.
In January 2004 the Scottish Executive (Government) published a tobacco control action plan ‘A Breath of Fresh Air for Scotland: Improving Scotland’s Health – the Challenge’. The plan set out a range of measures to strengthen tobacco control, including preventing exposure to second-hand smoke.
ASH Scotland published ‘The unwelcome guest: how Scotland invited the tobacco industry to smoke outside’ in 2005. The report shows how the smokefree campaign was won. It describes how campaigners learned to combat tobacco industry arguments and tactics, using the experiences of other countries. It in turn acts as a guide for campaigners in countries wanting to introduce smokefree legislation.
The Scottish Executive (Government) supported smokefree legislation and worked with organisations such as ASH Scotland to achieve it. The Scottish Coalition on Tobacco is a multipartner alliance working on tobacco control including promoting smokefree legislation.
Compliance with the law is high – it was never less than 95% in the first nine months.
A low-cost compliance phoneline was introduced when legislation came into effect, but only for one year.
Enforcement is the responsibility of the Royal Environmental Health Institute of Scotland.
Cigarette litter has been the only negative aspect of compliance with the law, as smokers smoke outside pubs and restaurants.
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ASH Scotland presents the Scottish experience of achieving smoke-free success
Wales
The Health Act 2006 gave the National Assembly for Wales powers to make regulations for a ban on smoking in enclosed public places.
The regulation came into effect on April 2, 2007
Smoking is banned in all enclosed public places and workplaces. Designated smoking rooms are not allowed. There are few exemptions to the legislation. Exemptions include designated hotel bedrooms, designated rooms in research and testing facilities, and designated rooms for use by adults in care homes, adult hospices and residential mental health units.
By the end of 2007, compliance with the legislation had risen to almost 98%. Responsibility for enforcement of the ban rests with local authorities and a non-confrontational approach to enforcement is adopted. The focus is on building compliance through awareness-raising, advice and support, with enforcement action being considered only when the seriousness of the situation warrants it. A low-cost compliance telephone line is available.
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