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Select Committee on European Legislation Tenth Report
SMOKING IN PUBLIC PLACES |
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:
- 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.
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".
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:
6.6 On subsidiarity, the
Minister says:
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.
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 |
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| © Parliamentary copyright 1997 | Prepared 31 January 1997 |