16 Green Paper on passive smoking
| (28344)
5899/07
COM(07) 27
| Commission Green Paper: Towards a Europe free from tobacco smoke: policy options at EU level
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| Legal base | — |
| Department | Health |
| Basis of consideration | Minister's letter of 25 May 2007
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| Previous Committee Report | HC 41-x (2006-07), para 4 (21 February 2007)
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| To be discussed in Council | No date set
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Previous scrutiny
16.1 We first considered this Green Paper in February.[51]
It invites views on what, if anything, should be done by the European
Community to protect people from the effects of passive smoking.
16.2 The Green Paper begins by outlining the health,
economic and social considerations the Commission considers relevant.
For example, it notes an estimate that more than 79,000 adults
die each year in the EU (excluding Romania and Bulgaria) as a
result of passive smoking. It then summarises the action which
has already been taken by the Community and individual Member
States to reduce passive smoking and goes on to discuss the pros
and cons of a total ban on smoking in all enclosed workplaces
and public spaces and of a ban with specific exemptions for such
places as restaurants and pubs.
16.3 The Green Paper identifies five policy options
to make indoor public spaces and workplaces free from tobacco
smoke. They are:
i) no new activity by the Community;
ii) voluntary measures (trades unions
and employers could be encouraged and helped to make agreements
on preventative and protective measures or public authorities
could make voluntary agreements with, for example, associations
which represent the owners of pubs and restaurants;
iii) the open method of coordination (Member
States would be encouraged to improve their domestic legislation
and its effectiveness through the exchange of information about
good practice, agreeing common targets and monitoring performance
across the EU);
iv) a non-binding Commission or Council Recommendation
about the action Member States should take to prevent passive
smoking; or
v) binding EC legislation requiring all Member
States to meet minimum enforceable standards of protection.
16.4 Finally, the Green Paper invited views by 1
May on three main questions:
- which would be preferable:
a total ban on smoking in all enclosed public places and work
places or a ban with exemptions?
- which of the five policy options "would
be the most desirable and appropriate for promoting smoke-free
environments"; and what form of EC intervention would be
necessary to protect people from passive smoking? and
- are there any other health, economic and social
considerations which should be taken into account?
16.5 The Minister of State at the Department of Health
(Caroline Flint) told us that the Green Paper was broadly in line
with current UK policy on smokefree public places. She drew our
attention to the "smokefree legislation" which has already
been brought into effect in Scotland, Wales and Northern Ireland
and which will come into force in England from 1 July. She noted
the importance of ensuring that any legal intervention by the
EC "does not undermine UK smokefree law."
16.6 We asked the Minister to enlarge on her comments
and whether the Government had a preference between the five policy
options identified by the Commission. In particular, we asked
whether new EC legislation, imposing fresh requirements on Member
States, could be adopted without affecting "UK smokefree
law".
The Minister's letter of 25 May 2007
16.7 The Minister's letter replies to our three questions
and encloses a copy of the Government's response to the Green
Paper.
16.8 The main points of the Government's response
are as follows:
- the Community has an important
part to play in promoting smokefree environments across Member
States;
- there is no safe level of exposure to tobacco
smoke and so any EC action should support comprehensive smokefree
areas with the minimum of exceptions;
- the most appropriate approach would be a Commission
or Council Recommendation, perhaps accompanied by some use of
the open method of coordination; and
- each Member States should decide the details
of its own smokefree policies and legislation.
16.9 In reply to our questions, the Minister tells
us that the Government is anxious to ensure that the UK legislation
is not "undermined" by EC legislation which, for example,
provided widespread exemptions or different definitions. This
is one of the reasons why the Government's preference is for a
non-binding Recommendation and why it cautions against attempting
to reach a consensus between Member States and the Commission
on binding EC legislation.
Conclusion
16.10 The Minister has provided the information
we requested and we are now content to clear the Green Paper from
further scrutiny.
51 See HC 41-x (2006-07), para 4 (21 February 2007). Back
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