Select Committee on European Legislation Tenth Report


SMOKING IN PUBLIC PLACES

6. We consider that the following raises questions of legal and political importance, but make no recommendation for its further consideration:-

DEPARTMENT OF ENVIRONMENT
(17683) 11768/96 COM(96)573 Commission Report on the response to the Resolution on banning smoking in places open to the public.
Legal base: -
      Introduction

      6.1  Council Resolution 89/C 189/01 of 18 July 1989 invited Member States to introduce legislation or take other action to reduce the detrimental effects of smoking on non-smokers. These included measures to:

        -  ban smoking on all forms of public transport and in enclosed premises open to the public (see the list in the annex below);

        -  provide for clearly defined areas for smokers, particularly for long journeys, and in the establishments listed below;

        -  ensure that, in the event of a conflict, in areas other than those reserved for smokers, the right to health of non-smokers prevails over the right of smokers to smoke.

      6.2  According to the Parliamentary Under-Secretary of State for the Environment (Mr Clappison) in his Explanatory Memorandum (dated 24 December 1996) on the Commission report under consideration, in 1993 the Council concluded that a systematic assessment of smoking measures would make it possible to take account of experience and draw lessons and guidelines for the future. In response, the Commission prepared this report, which is based on information supplied by the Member States.

      The Commission report

      6.3  The Commission concludes in the report that there has been a clear commitment by Member States to implement the Resolution, but notes that it could not determine whether the health of non-smokers was being effectively protected in practice. It would endeavour, under the Third Action Plan of the Europe Against Cancer Programme, to examine the actual application of national rules, by taking into account input from all interested parties.

      6.4  The UK emerges as the only Member State which does not employ some sort of legal instrument, with resort instead to the voluntary Code of Practice "Smoking in Public Places".

      The Government's view

      6.5  In his EM the Minister comments that UK health and safety legislation does in fact exist to provide for the banning of smoking on most types of public transport, during the handling or preparation of food and in petrol station forecourts. He adds:

        "The UK's general line on smoking policy has been to use a voluntary approach to restrict smoking in public places, backed up where appropriate by statutory measures for health and safety reasons. We would not support any proposals which do not leave it up to Member States to select a mix of statutory and voluntary measures".

      6.6  On subsidiarity, the Minister says:

        "Policy on smoking is an issue which can be dealt with just as effectively by Member States as by the Community, so there is no real need for action at Community level. Member States have, however, signed up to the 1989 resolution so will feel a moral, but not a legal, obligation to take action through national legislation or by other means to implement the measures set out in the resolution."


      Conclusions

      6.7  This short report demonstrates that the Member States have all gone through the motions of taking measures to protect the health of non-smokers. No figures are given for the funds they and the Community are devoting to this cause. However, presenting the Decision on future support for tobacco production to the press on 18 December 1996, Commissioner Flynn said that the EU spends 15 million ECU (£11.25 million) on fighting cancer and other anti-tobacco initiatives and 973 million ECU (£730 million) on support for tobacco production. Commissioner Fischler commented that the EU finances in full all agricultural measures, whereas health policies are financed by the Member States.[13]

      6.8  In the debate on 20 April 1994 in European Standing Committee A on the Market in Raw Tobacco, the then Minister of State at the Ministry of Agriculture, Fisheries and Food (Mr Jack) said that seven Member States at that time produced tobacco and that "huge sums of money" were involved. Since then Austria has joined the tobacco régime, and on 6 November 1996 we cleared a proposal to enable Austria to benefit from supplementary premia already paid on German tobacco, adding approximately £312,880 to annual Community expenditure. In his EM on that proposal, the present Minister of State at MAFF (Mr Baldry) said that the Government remained highly critical of the Community tobacco régime on grounds of expenditure, health and control. It was awaiting the Commission proposals for reform of the régime.

      6.9  We ask the Government to increase pressure for the Community to re-examine its policies on tobacco and health. There is a clear need for a more consistent approach. It makes little sense for the Community to aid the production of tobacco while funding schemes to discourage its use. It is to be hoped that all aspects of the matter, including the case for phasing out the régime, will be set out in the options paper on reform of the tobacco régime which the Commission is preparing. We are, however, clearing the document now before us.

      ANNEX

      Public and private establishments referred to in point 1 of the resolution

        (non-exhaustive list)

      1.  Establishments where services are provided to the public, whether for a charge or free, including the sale of goods;

      2.  Hospitals, establishments where health care is given and all other medical establishments;

      3.  Establishments where elderly persons are received;

      4.  Schools and other premises where children or young people are received or housed;

      5.  Establishments where higher education and vocational training are given;

      6.  Enclosed establishments used for entertainment (cinemas, theatres, etc.); radio and television studios open to the public;

      7.  Enclosed establishments where exhibitions are held;

      8.  Establishments and enclosed spaces where sports are practised;

      9.  Enclosed premises of underground and railway stations, ports and airports.


13  Agence Europe No. 6878, 19 December 1996. Back


 


© Parliamentary copyright 1997
Prepared 31 January 1997