Smoke free partnership

Czech Republic

Isabell — 2009-03-31T13:09:33Z

Development of the law:

In the Czech Republic it is forbidden to smoke (as of January 2006):
in public places (e.g. in closed spaces accessible to the public, public transport, shelters and waiting rooms, etc.)
in schools
in closed entertainment facilities (i.e. theatres, galleries, concert halls, sport halls, etc.)
inside medical facilities
in buildings of public administration
in restaurants; owners have to provide a "space" reserved for smokers marked with a "visible sign".

Smokers who do not observe these rules can be fined up to CZK 1,000. In January 2006, people paid more than CZK 100,000 in fines in Prague alone.

The current legislation does not protect workers and the general public from passive smoking. As a result, an amendment to the current legislation was tabled by ODS deputy Boris Šťastný in order to introduce a total smoking ban.

On Wednesday 11th June 2009, Czech MPs backed a proposal allowing bars and restaurants owners to decide whether their establishments are smoking or not. From the middle of 2010, all that will be required from owners is to put a notice on the door saying where they stand.

The proposal represents a weakening of the current law which bans smoking in restaurants unless it is clearly stated that space has been set aside for smokers. MPs had another proposal before them which would have forced restaurants to separate smoking and non-smoking facilities. But Czech MPs gave in to the tobacco lobby.

The Czech Republic is the only EU country which has not yet ratified the FCTC.

Useful links:

Tobacco legislation in Czech Republic

Poland

Isabell — 2009-03-24T10:26:40Z

Development of the law:

According to a study by L Joossens and M Rawon the progress in tobacco control in 30 European countries, Poland was one of the first countries in Europe to adopt smokefree legislation in public places in the 1990s but has lagged behind since then.

The law on the protection of the public against the effects of tobacco use of 1995 was amended in 1999 and provides a smoking ban in rooms in work establishments and public places, except for separate smoking rooms.

Smoking is also prohibited in public transport on the base of internal regulations and organisational arrangements.

In hospitality venues that have more than one room, smoking is allowed in separate rooms. In one-room establishments, smoking is allowed in designated areas.

It is our understanding that there is a problem of enforcement of the law, particularly in the hospitality sector.

In March 2008, a parliamentary initiative for a comprehensive ban on smoking in all enclosed workplaces and public places, including the hospitality sector, was tabled in the parliamentary health committee. It would need three readings in the lower chamber and one reading in the upper chamber to become law.

Useful links:

English translation of the law

Polish Ministry of Health

L Joossens and M Raw, The tobacco control scale: a new scale to measure country activity

Contact:

Professor Witold Zatonski MD PhD, Director, Division of Cancer, Epidemiology and Prevention Department, The Maria Sklodowska-Curie Cancer Centre and Institute, 5 Roentgena Street, 02-781 Warsaw, Poland. E-mail: canepid@coi.waw.pl

Estonia

Isabell — 2009-02-19T10:39:54Z
Currently under review - Smoke-Free Legislation

Portugal

Isabell — 2009-02-19T10:38:57Z
Currently under review - Smoke-Free Legislation

Luxembourg

Isabell — 2009-02-09T16:29:26Z

Development of the law:

Smokefree legislation took effect on September 5, 2006. It has limited provisions. Smoking is banned in restaurants (although separate smoking rooms are permitted if they account for less than 25% of the total area) and cafés (with a ban in place during dining hours).

There is a total ban in schools, public buildings, buses and trains. In workplaces the employer is obliged to take all reasonable efforts to ensure that workers are protected from passive smoking, but this is a weak provision.

Useful Links:

Information about the legislation in Luxembourg - Direction de la santé

Switzerland

Isabell — 2009-02-09T16:27:48Z

Development of the law:

The 1993 Federal Labour Law imposes partial restrictions in government facilities and indoor workplaces and offices. Smoking is banned on public transport except taxis. Voluntary agreements in some cantons (states) have made some healthcare and educational facilities, restaurants, bars, pubs, theatres and cinemas smokefree.

The Swiss federal parliament is considering a national smokefree law, but the cantons are taking action independently. Six cantons have become smokefree. The first was Ticino in Spring 2007, followed by Appenzell Ausserrhoden, Graubünden, Solothurn, Valais and, most recently, Geneva on February 24, 2008. The Geneva legislation bans smoking in all indoor public places, including restaurants, bars and nightclubs. The law may take up to a year to pass, but interim regulations imposing a blanket ban will be introduced within weeks.

Votes in more cantons are expected in 2009. A recent medical study showed that two-thirds of the Swiss population favours smokefree legislation.

Switzerland is not a party to the Framework Convention on Tobacco Control.

Useful links:

Smokefree legislation by canton

Slovakia

Isabell — 2009-02-09T16:23:45Z

Development of the law:

The smokefree legislation is currently under review (January 2009).

The Public Health Authority (UVZ) submitted to parliament a draft amendment to the law on protection of non-smokers. Inspired by legislation in Ireland, Italy, Norway, Malta, Great Britain and Sweden, the Slovak Health Ministry and the Public Health Authority elaborated a draft revision to the law on protection of non-smokers. The aim of the draft amendment is to improve conditions for protection of non-smokers in public places, chiefly through a ban on smoking in restaurants with an area exceeding 50 square metres. The authors of the draft hoped to restrict the choice of tobacco products by imposing a ban on the sale of cigarettes through vending machines and in food shops starting from 2008. Another goal of the regulations is to supervise more strictly the sale of tobacco products to persons aged under 18. Slovakia obliged itself to adapt regulations on smoking in public places to EU norms.

The current legislation prohibits smoking during all indoor meetings and conferences, in all hospitals, schools, cultural and sports premises, and on all forms of public transport. Smoking is also prohibited in all restaurants during main meals, with the exception of restaurants that have designated rooms for smokers.

Useful Links

Ministry of Health

Sweden

Isabell — 2009-02-09T16:16:11Z

Development of the law:

All public places and workplaces in Sweden, including restaurants, bars, cafés and nightclubs, became smokefree on June 1, 2005.

The 2005 smoking ban was the culmination of fifty years of campaigning by a number of advocacy groups, including the Swedish Network for Tobacco Prevention (SNTP) and the National Public Health Committee.

The Swedish government initially favoured a voluntary agreement on smokefree environments, but concluded in 2003 that legislation was needed.

Prior to the decision, two information campaigns were coordinated by the SNTP – one aimed at decision-makers in the government and the restaurant association, the other aimed at the general public. Media releases were issued by the National Institute of Public Health during the months before implementation. Municipal and county authorities, NGOs and the National Quitline issued numerous other press releases.

Compliance with the law has been high. Fewer than 2% of facilities have set up smoking rooms, and these have been mainly in nightclubs, casinos and bingo halls.

Useful links:

Government offices of Sweden - Information on smokefree restaurants, pubs and cafés

Ireland

Isabell — 2009-02-09T16:12:29Z

Development of the law:

On March 29, 2004, Ireland became the first country in the world to be 100% smokefree. Smoking is banned in enclosed or more than 50% enclosed public places and workplaces (including all bars, cafés and restaurants). Designated smoking rooms are not allowed. Prisons, hotel rooms and psychiatric hospitals are exempt.

The main purpose of the Smokefree at Work legislation is to protect workers and the general public from exposure to second-hand smoke.

Legislation followed a decade of lobbying and campaigning by tobacco control advocates. The Tobacco Free Policy Review Group was set up to carry out a fundamental review of health and tobacco and make recommendations to the Minister for Health and Children. The report was published in March 2000 and subsequently adopted as government policy. The Office of Tobacco Control was set up in 2000 and given statutory status in 2002. Legislation was introduced in 2002. Public information campaigns prepared the public for legislation e.g. ‘Promoting a tobacco-free society' leaflet. Guidance documents on how to comply with the legislation were distributed to employers before implementation of the law. A specific document for the licensed trade was also produced. Workplace signage regulations were issued. The commitment to smokefree legislation of the Minister for Health and Children, Micheál Martin, and the collaboration of health organisations, were crucial to its introduction.

Legislation is enforced by officers authorised by the Office of Tobacco Control and the Health Service Executive under the National Inspection Programme. There are 40 dedicated environmental health officers whose responsibilities include enforcing the smokefree workplace legislation. These are supported by an additional 400 environmental health officers and a further 100 inspectors from the Health and Safety Authority. A low-cost compliance phoneline was introduced when legislation came into effect. By the end of the first year, 95% of businesses had complied.

Useful Links:

Public Health (Tobacco) (Amendment) Act 2004

Public Health (Tobacco) Act 2002

Information and guidance relating to smokefree workplaces in Ireland can be viewed and downloaded here

United Kingdom

Isabell — 2009-02-09T16:11:58Z

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%.

Useful Links:

Smokefree England

Smokefree regulations

Quick guide

Smokefree Compliance Line

Stop smoking advice

Smoking ban triggered the biggest fall in smoking ever seen in England MONDAY 30 JUNE 2008

Smokefree Action

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.

Useful links:

Legislation

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.

Useful Links:

Legislation in Scotland

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.

Useful Links:

Legislation in Wales