Press release      4^th September 2000 immediate

Make or break for new legal code on passive smoking atwork… but deregulation panel pressing for ‘insane U-turn' on clean air  

ASH todaywarned the Government that any backsliding on the new legal code on passivesmoking at work would be regarded as an U-turn on White Paper commitments tosmoke-free air made in 1998. The legal code was enthusiastically backed by trade union, health,welfare and medical organisations all over Britain in consultations held by theHealth and Safety Executive last year. A U-turn now would be insane and trigger an avalanche of condemnation.

As theApproved Code of Practice (ACoP) on passive smoking at work goes for approvalby the Health and Safety Commission tomorrow (Tuesday 5^th September)ASH claimed that the Cabinet Office Panel for Regulatory Accountabilitywas trying to block the ACoP.  The Panel is chaired by Dr. Mo Mowlam and includes the veteranderegulator Lord Haskins, who has reportedly set himself against the Code andis backing the hospitality industry trade associations that are trying to blockthe measure.

CliveBates, Director of ASH said,  “The codehas been very carefully crafted and a huge consultation exercise run by theHealth and Safety Executive has taken everyone's views into account.  What they have come up with is a reallysensible and workable route through all the conflicting interests and arguments.  We think it would make a big difference tohealth and well-being at work ”

Batesadded: “we're quite optimistic that the proposals will get a positive hearingat the Health and Safety Commission, but what really concerns us are the noisescoming from the deregulation zealots within the government.”  

“Someparts of the government have become so twitchy about anything that a tradeassociation decides to call red tape, they have almost forgotten what they'rethere for.” said Bates.  “This code is aboutcleaner air for the three million non-smoking workers that still work in smokyconditions”. 

“Thepeople suffering passive smoking will often be on low-pay, non-unionised andwith no-one to speak up for them in the Cabinet Office, but this will give themrights to better conditions at work and better health.  Isn't that what New Labour is meant to standfor?” said Bates.

ASHargues that the deregulators have fundamentally misunderstood the Code and whatit is there to do.   Clive Bates of ASH said;“In fact this isn't red tape at all, it will actually be very useful forbusiness. It doesn't add any new laws or regulations; it just clearly and sensiblyspells out how an employer should comply with the existing law.  Without a code like this, any company isexposed to risks of legal action under the common law, employment tribunals, andhealth and safety legislation.  This is valuablelegal protection not unwanted bureaucracy”. 

ASHhas prepared a two-page briefingto argue the case for ACoP to the members of the Panel for Regulatory Accountabilityand the other ministers involved.

PressContact: Amanda Sandford 020 7739 5902 (w)