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ASH Daily News

4 November 2004

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HEADLINES

BAT wins breathing space over document disclosure
Scotland to take hard line on smoke ban
Political parties' stance on smoking ban
Pub worker's plea for smokefree workplaces
Ramada Jarvis hotel group to increase smokefree rooms
The devastating effects of COPD


FULL TEXT

BAT wins breathing space over document disclosure

A US appeal court has overturned a ruling that would have forced BAT to
disclose one of its most confidential documents in the ongoing $280bn
trial of some of America's best-known firms.

The document, written by Andrew Foyle, a partner of the London-based law
firm Lovells, has been the subject of a string of court hearings and
appeals in the UK, US and Australia, where disclosure was first ordered
only to be overturned on appeal.

Mr Foyle's 1990 memo on so-called "document retention" was written for
BAT's Australian subsidiary and is not contained in the company's
document depository in Guildford.

BAT had told Judge Gladys Kessler it did not have the document in its
possession and had not thought it merited logging with the court. In
June, Judge Kessler accused BAT of "dragging its feet" and "inexcusable
conduct". She ordered the document to be disclosed in full. However, the
Columbia district court of appeal overturned the ruling, finding that
BAT's lawyers had acted properly.

A spokesman for the Department of justice conceded that the ruling was
something of a victory for BAT but added that arguments around whether
the Foyle memorandum should be disclosed remained to be thrashed out.
"This is definitely not dead in the water," he said.

The Guardian 4/11/04


Scotland to take hard line on smoke ban

An outright ban on smoking in all confined public places such as pubs,
restaurants and offices in Scotland looks certain to be announced next
week.

Scottish Cabinet ministers, at their weekly meeting next Wednesday, are
likely to agree to legislate for a ban, which would probably take effect
from March 2006.

The legislation containing a ban will be on public health grounds, a
policy area within the competence of the Scottish Parliament.
Legislation on health and safety at work grounds is ruled out because
this area is still reserved to Westminster.

Scottish ministers will be able to consider options other than an
outright ban at their meeting but Scottish Executive sources said that
it was highly unlikely they would settle for a "pick and mix" solution
by allowing exemptions.

They are also likely to ignore moves at Westminster which would allow
smoking to continue in pubs and restaurants provided an establishment
met strict licensing conditions such as the protection of children from
contact with smoke.

Jack McConnell, Scotland's First Minister, a late convert to the idea of
an outright ban, is now keen to move swiftly towards implementing it, an
Executive spokeswoman said.

This means that the legislation could be passed by the Scottish
Parliament next year, with the ban coming into force early in 2006.

Mr McConnell does not want to be seen to be pressurising his Cabinet
colleagues into agreeing to a ban but reports earlier this week that his
ministerial team was split on the issue appear unfounded.

His spokesman said: "The First Minister is hopeful that if agreement can
be reached, things can move on fairly quickly in terms of legislation."

The Executive sources said that while smoking curbs along the lines
being mooted in England could not be entirely ruled out, Scottish
ministers were likely to go for "more radical" options. "We are keeping
an eye on what's happening down south but in terms of how we react up
here the First Minister has made it clear he will do what's best for
Scotland," the sources said.

Officials point to differences between Scotland and England in terms of
the number of deaths from smoking. They also point out that instituting
a ban only where food is served would not be the best solution in
Scotland where only about 50 per cent of pubs serve food compared with
nearly 90 per cent of the pubs in England.

Mr McConnell is facing opposition from publicans and restaurant owners,
who say that a ban on smoking will lead to the loss of thousands of
licensed trade jobs. But a public consultation by the Executive, which
resulted in 54,000 responses, found a large majority in favour of a
total ban on smoking in public places.

Mr McConnell also knows that if he backtracks now he will face
accusations that he is anxious not to irritate UK Government ministers
by instituting a different regime for Scotland from that in England.

The First Minister became a supporter of a complete ban on smoking in
public places after a visit to the Republic of Ireland, which instituted
a ban earlier this year.

The Times, 4/11/04


Political parties' stance on smoking ban

The Royal College of Nursing launched its demands for the next general
election last week. Included in its manifesto wish list is a ban on
smoking in public places. The Nursing Standards summarises the 3 main
political parties' positions as follows:

Labour - "We want to make it easier for non-smokers to enjoy a night out
without suffering the inconvenience of other people's smoke."

Conservative - "The best route to a smoke-free environment is through
self regulation. If that cannot be delivered, legislation may be
necessary."

Liberal Democrats - "We want legislation to make all workplaces
smokefree. We want the public sector to take a lead by making their
premises smokefree."

Nursing Standard, 27/10/04


Publican's plea for smokefree workplace

Gavin Walsh, a bar-worker in Merseyside, makes an impassioned plea for
legislation to make workplaces smokefree. In a letter to the Publican
trade newspaper he says: "As an employee in the licensed trade, I am
horrified at the attitudes of some pub managers over the issue of
smoking in the workplace.... I know that a lot of people support a
ban on smoking because there are increasing numbers asking for non
smoking tables in the food section. If so many people are asking for
this, should we not provide it for them?

It seems to me to be an issue over how it will affect business but
surely this will be for the better.... The best case scenario is a
national ban, opening up a new market of customers who want to spend
more time and money in clean pubs, where they can breathe clean air. I
am not asking people to stop smoking- let them carry on, but I don't
want to suffer for that decision.

The Publican, 1/1104



Ramada Jarvis hotel group to increase smokefree rooms

The Ramada Jarvis hotel chain plans to ban smoking in at least 75% of
its bedrooms. This is the first initiative of its kind in the UK. The
move is in response to feedback from staff demanding more non-smoking
areas.

The Herald (Glasgow), 2/11/04



The loneliness of COPD

The Times' medical editor, Dr Thomas Stuttaford describes the
debilitating effects of COPD which tend to increase in the winter
months. This weekend, starting as it does with Guy Fawkes night, the
signs of COPD will be particularly in evidence as those with chronic
bronchitis struggle in the evening air. Dr Stuttaford notes that as
bonfires are lit, those with COPD, prevented by their breathlessness
from taking part in the jollities, will be forced to watch from the
windows. The disease is almost entirely preventable: ninety percent of
sufferers are current or ex-smokers.

The Times, 4/11/04






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Amanda Sandford
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