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ASH Daily News

8 November 2004

HEADLINES

Judge upholds limits on tobacco ads in shops
New tests persuade expert of need for complete smoking ban
BBC journalist withdraws from passive smoking debate
Scots to unveil their own smoking ban
Smoking ban to exclude pubs?

FULL TEXT


Judge upholds limits on tobacco ads in shops

The tobacco industry suffered a defeat in court over new curbs on cigarette advertising in shops, pubs and clubs after a judge dismissed their claim that its rules breached their human rights.

Mr Justice McCombe told the group of tobacco companies - which included BAT, Imperial Tobacco, Gallaher and Philip Morris - that the government's new rules restricting advertising at point-of-sale were fair and justified.

The tobacco companies had complained that the new rules, which confined ads in shops to the size of an A5 sheet of paper, infringed their "freedom of expression" under the European Convention on Human Rights.

However, the judge disagreed and stated that the regulations were "directed at an acknowledged serious risk to public health and the need for public protection against that risk."

Justice McCombe added: "Given the health risks and economic costs to society caused by smoking and a substantial weight of expert opinion as to the effects of advertising, I believe it to have been a proportionate step."

A spokesman for Imperial Tobacco said they were disappointed at the outcome and had yet to decide whether to appeal against the ruling.

Anti-smoking campaigners said any such challenge would only waste more public funds. "The tobacco industry has a track record of issuing challenges on questionable grounds which waste huge amounts of time and taxpayers' money in defending them," said Deborah Arnott of ASH.

Source: Independent, Financial Times, daily Mirror, Sun (6th) Times, 8 November 2004


New tests persuade expert of need for complete smoking ban

Fresh evidence of the dangers of passive smoking has prompted one of Britain's most distinguished doctors to call on Health Secretary John Reid to introduce a ban on smoking in public places.

Professor Sir Charles George, the medical director of the British Heart Foundation, had not, until now, favoured a ban on smoking in public places but has changed his view because of research showing minute particles of cigarette smoke could trigger heart attacks.

Sir Charles, who is also president of the British Medical Association, has written to the Health Secretary, warning him that allowing smoking to continue in public places would lead to more deaths because risks from passive smoking were being underestimated.

"I have changed my mind because I think the evidence of harm from cigarette smoking direct or passive is stronger than it was," he said. "The decline in deaths from coronary heart disease from coronary heart disease has been attributed in quite significant parts to the reduction in smoking rates."

Sir Charles's intervention comes in the wake of speculation that John Reid is considering stopping short of proposing a complete ban on smoking in public places in the forthcoming White Paper on public health.

Interviewed in the Independent he went on to say: "Deaths from heart disease are more frequent in lower socio-economic groups, and they smoke more. We can't sit back and say nothing about this any longer, which is why I have pointed out some of these things to John Reid."

Sir Charles also spelt out his views on the inadequacies associated with ventilation. Research yet to be published by the British Heart Foundation indicated that ventilating smoky rooms was "cosmetic" and would not remove hundreds of damaging chemicals in the smoke:

"Ventilation removes the obvious smokiness of the atmosphere but there are many hundreds of deleterious things in that smoke. And it won't remove all of those harmful things by making the air seem cleaner."

Source: Independent, 8 November 2004


BBC journalist withdraws from passive smoking debate

BBC broadcaster John Humphrys expressed his disappointment after withdrawing from a controversial seminar on the dangers of passive smoking because it "lacked balance".

Mr Humphrys was set to chair a debate organised by the Tobacco Manufacturers Association (TMA) at the Royal Institution in London on Friday, but cancelled at late in the day.

He said that the organisation had not fulfilled a key condition. "I said that in no sense would I be a spokesman or an apologist for them. I wanted the panel to be balanced. They contacted an awful lot of people, including ASH, but when they told me who they had on the panel it was not sufficient."

The TMA said it had approached 25 'eminent' scientists opposed to the tobacco lobby to contribute to the seminar but they had all declined. However, Deborah Arnott of ASH said: "As far as we are concerned the science on the risks associated with passive smoking is proven. By attending the conference we would be acknowledging there is some doubt on it." Speakers at the conference did indeed imply that there was insufficient evidence to back up the claims about the dangers of passive smoking to non-smokers.

Source: The Observer, 7 November 2004


Scots to unveil their own smoking ban

John Reid faces an uncomfortable clash this week as the Scottish Executive unveils plans to outlaw smoking in public places.

The Health Secretary is still working on his own proposals to restrict smoking. The latest version of these plans is reported to involve pubs and restaurants that want to continue to allow customers to continue light up, being forced to prove they could protect staff and vulnerable customers.

Reid has publicly expressed concerns that an outright ban could trigger a reaction, and impact disproportionately on the poor. Yet plans to outlaw smoking in Scotland - where his own constituency lies - will give ammunition to those who want him to go further.

Mr Reid is said to have warned Scotland's First Minister that McConnell's move could cost votes. The two men are believed to have had a frank exchange of words during last month's Labour Party conference.

Leading charities, including Cancer Research UK and the British Heart Foundation are already planning to use Scotland's announcement to urge Tony Blair to follow suit in England and Wales.

Senior police officers have warned the Scottish Executive that they will not be prepared to enforce the ban. Chief constables have written to the executive saying Scottish forces should have no direct role in the monitoring or enforcement of the legislation.

Their stance appears in stark contrast to public opinion which revealed this week was broadly in favour of some restriction on smoking. According to the Scottish Executive's consultation, 90 percent of the 54,000 respondents expressed support for at least a partial ban.

The Scottish Licence Trade Association dismissed the consultation as a "sham", and said bar staff would ignore it.

Source: The Observer (7th), Guardian, Telegraph, 8 November 2004


Smoking ban to exclude pubs?

There is further speculation over how smoking will be tackled in the forthcoming White Paper.

One possibility - to exclude pubs - will annoy health campaigners and divide the Labour Party, reports the Daily Mail.

Health Secretary John Reid's mooted exemption may put him at odds with the Labour Party in Scotland, which is expected to announce a full ban and fines of up to £3000.

The Evening Standard reported a series of 'last minute arguments' over the nature of a smoking ban in public places. Spin doctors are believed to have advised ministers over the need to avoid the White Paper being published at the same time as the more radical Scottish proposals.

Source: Daily Mail, Daily Star, Sun, Sunday Telegraph (8th), Evening Standard (5th)
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Harold Wilson
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