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Smoke Free Scotland
Information about the bill to eradicate smoking in public places

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17 December 04
Scottish Parliament Introduces No Smoking Bill
A Bill published today aims to improve Scotland's health record by banning smoking in enclosed public places in order to protect people from the effects of second hand smoke.

Health Minister Andy Kerr described the Smoking, Health and Social Care Bill as the most important piece of public health legislation in a generation.
He said: "Smoking is the biggest preventable cause of premature death in Scotland and wreaks a terrible havoc on families across the country.

"Every day 35 Scots die before their time because of smoking related diseases. This is our 35 a day habit and we have got to kick it.

"The case for reducing smoking and exposure to second hand smoke to improve health is indisputable.

"This the most important piece of public health legislation in a generation. And we will deliver for the sake of future generations who'll be able to breathe clean air where ever they go.

"That's what this is all about. And why all of us must work hard to make this happen.

"It's time to clear Scotland's air so that we can all look forward to a brighter, healthier future.

"The majority of Scots don't smoke - 70 per cent - and of those who do smoke 70 per cent want to give up. This ban will give individuals the opportunity to cut down or stop and we will help them. It will also give their children and grandchildren the opportunity to grow up with less pressure to smoke.

"This will be a comprehensive ban that will cover all enclosed public places - including all licensed premises. Improvement of public health cannot and will not stop at the door of the public house."

The Minister also announced the remit and membership of the Smoke Free Areas Implementation Group who will help deliver this on the ground.

Mr Kerr said: "To deliver this on the ground we must work with those who will be responsible for delivering and enforcing the ban. This group will be key in advising me on what work needs to be done to make this a reality."

A public information website - www.smokefreescotland.com  - that explains the detail of the proposed introduction of smoke free public places also went live today.

Mr Kerr said: "It is vitally important that we keep the people of Scotland informed of our plans and progress to deliver a better health for all by introducing smoke free public places. The web site will detail the background and progress on this and other work we are doing to reduce the scourge of tobacco addiction on our country."  The Smoking, Health and Social Care (Scotland) Bill will introduce a ban on smoking in enclosed public places.

It will also include legislation to introduce free eye and dental checks for all, measures to simplify the charging process for NHS dentistry and provisions to create a new contract for NHS pharmaceutical services.

The Bill makes provisions for a ban on smoking in enclosed premises which are prescribed in regulations as no-smoking premises by:

• Creating an offence of permitting others to smoke in no-smoking premises
• Creating an offence of smoking in no-smoking premises
• Creating an offence of failing to display warning notices in no-smoking premises
• Setting out the powers of enforcement officers to enter no-smoking premises
• Creating an offence of failing to give their name and address on request by an enforcement officer.

The Bill lists the kind of premises which are capable of being prescribed as "no-smoking" under the regulations.

These are premises which are:
wholly enclosed and to which the public or a section of the public has access
which are being used wholly or mainly as a place of work by persons who are employees
which are being used by and for the purposes of a club or other unincorporated association
which are being used wholly or mainly for the provision of education, health or care services
Any exemptions will be agreed and defined within regulations following discussions with interested parties - for example those who run hospices and long-term care homes.

The National Smoke Free Areas Implementation Group will advise the Executive on the implementation of smoke free areas.

This will include the development and implementation of an international marketing campaign to promote Scotland as a changing and healthy country and support required for particular industry sectors to help them take advantage of the marketing/business opportunities.