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Scottish Tobacco Control: never mind the evidence feel the bias
November 29, 2012
by Belinda Cunnison
THIS WEEK the Scottish Parliament Petition 01451 to achieve a review of the 2005 restrictions on smoking tobacco, which closed 22 October, came before a hearing of the Public Petitions Committee. As on earlier occasions, the petitioners were not invited to give evidence, and the reasons for this are becoming clearer by the day.
The SPICe (Scottish Parliament Information Centre), as is normal, briefed the Public Petitions Committee herethat makes a number of points. It notes that EU 13779 – the ventilation standard published by the European Commission four years ago that shows how to clean smoke out of buildings – doesn’t have the force of law. (Freedom 2 Choose Scotland’s petition simply points out that removing smoke can be part of a coherent air quality standard.)
It also flags up a UK Parliament document by the Parliamentary Office of Science and Technology on indoor airborne pollution pointing out that no government department has specific responsibility for this area. (This document seems to concern itself mostly with cooking fumes and Environmental Tobacco Smoke (ETS), and cites the famous Pellesque 17 per cent drop in heart attacks that allegedly followed the implementation of the Scottish smoking ban in evidence.)
In a section on passive smoke, it then lists evidence that passive smoke damages health, using all the usual sources. It lists counter-arguments, sourced mainly from the Tobacco Manufacturers’ Association.
In a section on ventilation, it gives arguments against the use of ventilation (basically, against the use of piss-poor ventilation that has already been shown not to work). It presents arguments in the petition in favour of using air-cleaning systems: Paragraph 19:
“Those who support the use of ventilation systems also use the wider argument that identifying and measuring the components of ETS and assessing the exposure of non-smokers to them in real-life situations, present very great difficulties. TMA (2004, p 8) stated that various substances that make up ETS are generally only present in extremely low concentrations, some below any meaningful measurement. It contended that some of these are likely to be present in the air anyway, emanating from other sources and inseparable from the ETS contribution.”
It also gives a brief history of parliamentary activity on the smoking ban, listing the two previous petitions. It then addresses the Scottish Government’s view. The Scottish Government does not intend to review the smoking ban. It considers on the basis of studies carried out in the early stages of implementation that the smoking ban had proven health benefits. It does not want to reverse the tide of denormalising smokers, and it also wishes to adhere to the Framework Convention on Tobacco Control, which recommends public smoking bans. Finally the petitions clerk suggests that further information could be sought from interested parties, including ASH Scotland, NHS Scotland, Forest, the TMA, or the petition could be referred to the Health and Sport Committee.
Inherent bias is overwhelming. The Scottish Government’s plan for tobacco control will be published early in the New Year, and we get a hint of it here – the Government has announced a plan to make Scotland smoke-free by 2030. John Watson of ASH Scotland says:
“We know that 69% of smokers say they want to quit and we know that two-thirds of current smokers started before they were 18.
“If we achieve those goals, we are actually talking about a small number of willing adult smokers continuing to do that. That is their business, and we don’t want them to be criminalised or stigmatised for doing that.”
Is Watson unique in tobacco control, not to want to denormalise smokers? Or is he lying?
As usual, competing interests of the tobacco control lobby are ignored:
“In its submission to the then Scottish Executive‘s consultation in 2004, ASH Scotland, presented details of research which led it to conclude that ventilation could not be accepted as a solution to the risks associated with exposure to ETS.”
ASH Scotland received a considerable funding boost in the lead-up to the smoking ban (?1m in 2005/2006 as opposed to ?779K in 2004: FOI request result). Are we supposed to believe that this conflict of interest was immaterial? On this basis they decided that because specific ventilation systems are not fool-proof, no other air cleaning system can possibly work!
Petition 01451 calls for a review of the smoking ban in the light of EN 13779, which shows how an indoor air quality standard can accommodate smoking, and in view of advances in air cleaning technology which has to deal with toxins that are far more dangerous than secondary smoke.
The Scottish Government really does not want to consider the Freedom2Choose Scotlandpetition! Note the mention of the Framework Convention on Tobacco Control and note also that every single reference to arguments in favour of our petition is sourced by tobacco interests – that even those the petitions clerk suggests consulting over the petition are tobacco interests. (Article 5.3 of the FCTC advises against allowing tobacco industry interests to contribute to health policy. This will allow the Scottish Government to reject the evidence of these contributors solely because they are assumed to wish to ‘undermine or subvert tobacco control’.) They are setting up straw man arguments by only taking evidence from opponents they distrust as a matter of principle.
This tactic has been noted before, during evidence sessions in 2009, before the Health & Sport Committee on the tobacco display ban. When retailers’ and tobacco vending representatives were asked how much tobacco manufacturers gave them in funding, Katherine Graham of the Tobacco Retailers’ Alliance, asked reasonably:
“There is an organisation called the NFRN—the National Federation of Retail Newsagents—that has a Scottish branch. The committee presumably had the opportunity to call the federation here today, but it did not. The NFRN is funded entirely by its members, rather than by the tobacco industry in any way. It could have been a voice for independent retailers, without any link to the industry, at today’s meeting.”
In other words, if tobacco funding is such an issue why is it that the Scottish Parliament seeks tobacco-funded organisations to speak to it against the government’s chosen policies on tobacco, when alternatives are available? The answer might be that tobacco funding offers an easy stick with which to beat their opponents, and effectively exclude them from participating according to demands of the Framework Convention on Tobacco Control. On this occasion Katherine Graham was rebuked swiftly:
“The Convener: We will not be chastised about who we call before the committee, if you do not mind. We have all the written evidence and it is for the committee to decide which witnesses to call—we have called a very representative sample here today.”
Her point remains valid – and when our petition comes up for further consideration we hope that the Scottish Parliament Health and Sport Committee chooses wisely who will speak in favour of Petition 01451.
There must be dialogue with people who can speak with authority on modern air quality standards and air cleaning technology, both in relation to the hospitality trade and the wider economy. Air cleaning technology will just get better and better, and common sense will prevail eventually.
By DAVID MADDOX
17 November 2012
THE number of potentially dangerous illegal cigarettes ?being sold in Scotland has increased by almost half in the last year, according to a new report.
The report shows that 10 out of every 100 packets of cigarettes or loose tobacco sold in 2012 are illegal products designed to avoid paying tax, a rise from 7 in 10 in 2011.
Produced by industry investigators, the report urges Chancellor George Osborne not to raise tobacco duties to help plug the gap in the public finances as the move would encourage even greater levels of tobacco smuggling across UK borders. It estimates that the problem of tax avoidance involving illicit tobacco products will already cost the Exchequer ?5 billion in the next two years.
The report also outlines the danger of illegal tobacco products – which can carry harmful toxins – to young smokers. A survey of under-16s in Angus earlier this year by the Scottish Tobacco Control Alliance revealed that at least half knew where to buy cheap tobacco.
Ian Howell, UK tax and brand manager for the tobacco manufacturer JTI, said that many of the products are so-called “whites” , which can ?carry high levels of lead.
Howell said: “While there is no such thing as a cigarette that is good for you, the ones made outside the strict regulations on the tobacco industry can be very dangerous.”
Many of the illegally sold tobacco products are now being shipped in by criminal gangs as loose tobacco, he added. It is then separately packaged with fake tax and health labels added.
Currently, up to 90 per cent of legally sold tobacco products is duty paid to the ?Exchequer. Tobacco manufacturers claims there is a direct link between tobacco duty and the rise in illegal sales.
Controlling air quality is the route to reforming smoking bans
October 10, 2012
by Belinda Cunnison
A DAY DOES NOT PASS when we are not asked to believe that a substance that most people were breathing since the beginning of time – smoke from ordinary plant materials – cannot be dealt with using modern air cleaning technology. For all the literature produced about it, there have been no medical caseswhere causation of medical conditions has been categorically proven to be due to low levels of exposure to tobacco smoke – a fact that has made many people question the need for any smoking ban, never mind one as comprehensive as the one found in Scotland.
Recently I proposed, on behalf of Freedom to Choose (Scotland)1, Scottish Parliament petition 01451 (Review of smoking ban) in order to challenge the assumptions of the health lobby, whose underlying motivation is to discourage smoking, that smoke is a toxin that no air cleaning technology can now or will ever be able to deal with safely, that there is no safe level of tobacco smoke, and, most definitely, that ventilation doesn’t work.
Declaring that never will technology be able to clear the emissions from smoking seems to be the product of a mindset that does not want to enable smokers to be catered for either in the workplace or in recreational venues. The position of Freedom to Choose (Scotland) is that society’s interests should be met rather than resisted. A blanket prohibition on smoking makes it harder for people to get together socially, and this affects people more in districts where concentrations of smokers are higher, aggravating inequalities in many ways.
It is generally true that in workplaces there is a principle that exposure to toxins is best avoided if at all possible, however it has also always been recognised that different workplaces involve different sorts of exposures to different levels of risks from different sources that are difficult to avoid without fundamentally challenging the nature of that workplace.
Asking schoolteachers and children to put up with classrooms that had tanning lamps installed and running in the ceilings would be unacceptable, yet we allow restaurants to install patio dining and drinking facilities where their workers are “forced” to expose themselves on a daily basis to the risk of malignant melanoma from solar radiation. Just as with any Class A carcinogen, there is, theoretically, no safe level of exposure to sunlight, yet we do not ban patio dining: we accept that workers can reduce the risk through partial protection provided by clothing, awnings, and sunscreen use.
We tolerate workers being exposed to levels of carbon monoxide and diesel exhaust products in indoor garages that would never be acceptable in a day-care centre: we do not simply ban indoor garages, however we accept thepartial protection afforded by modern ventilation and air filtration technology.
Freedom to Choose (Scotland) is urging that the same sort of thought be applied to allowing pubs freedom of choice in deciding their own smoking policies based upon the wishes of their owners, workers, and clientele.
The ambient air, into which tobacco smoke is released, is not clean in the first place, making it well nigh impossible to isolate secondary smoke as the cause of sickness because pollutants contained in smoke are not limited to smoke. So not only is smoke not avoidable, but removing it still leaves air containing viruses, bacteria, spores, pollen, and plain old smells.
If the advocates of smoking bans are interested in clean air, their method of extracting one specific source of so-called ‘toxins’ (tobacco smoke) and leaving us with record-breaking pollutant levels in the general atmosphere lacks all logic. Their purpose is clearly and simply to discourage tobacco use by pinning all kinds of respiratory, heart and lung conditions on to smoking (or secondary smoke), in spite of the exposures to other toxins or adverse environmental conditions in the workplace, on the battlefield, or even in the home.
There are specific, measurable standards of occupational exposure to airborne contaminants, and permissible exposures vary between different jurisdictions. In saying that there is ‘no safe level’, the enemies of tobacco smoke declare that there is no point in measuring tobacco smoke which, because it is so lethal, one cannot be exposed to at all. In fact it is a mix of particles and gases, each constituent of which can be said to have a permissible safe level expressed in parts per million or billion. If people are smoking in a given air space and these permissible levels are not exceeded (for whatever reason: the room is large with a high ceiling, the window is open) there cannot be said to be a danger. When the level of smoking approaches impermissible levels, air-cleaning equipment can be used. Permissible standards are the guide regardless of whether or not a facility allows smoking.
Equipment that cleans air employs various technologies: extraction and filtration, ionising technology, and others: sometimes combined within a single unit. Any equipment that cleans air has to be maintained and serviced to ensure efficient running.
Any venue that wishes to permit smoking needs to ensure that its air-flow can cope with it. The industry should carry an audit of recommended equipment for all sizes of venue and price ranges but with specific air quality requirements in mind. Establishments that wish to allow smoking can then obtain the equipment, and once in place, patrons can be invited to smoke.
The result should be that ambient air, even with the addition of smoking, treated with air cleaning equipment, gives a cleaner result than ambient air in a non-smoking establishment where no treatment of air has taken place.
Of course upholding such standards would be an ongoing concern of the industry, with the assistance of environmental officers. But using local environmental officers to uphold and maintain air quality standards rather than simply hand out tickets to smokers is a far better use of local resources. This is about priorities.
Freedom to Choose (Scotland) believes that smoking bans damage people, increasing their isolation; and damage businesses, when they are helpless to alleviate a problem because of overzealous regulation. Taken to extremes, both isolation and business failure are measurably detrimental to health. With the rapidly increasing air pollution rates and increasing numbers of lung cancers found in non-smokers (Glasgow is one of the most polluted cities in the UK), sending people outside on to the street to smoke is worse than fiddling while Rome burns.
The power of the health lobby is a significant obstacle. We should be able to allow the hospitality industry (together with the appropriate government agency) to set standards for air quality, to give the air-cleaning industry the specifications it needs for improving ambient air, and in doing so create spaces with improved air quality where smoking can take place with the minimum of inconvenience to anyone else.
1 Freedom to Choose (Scotland) includes both smokers and non-smokers and receives no support from any industry.
Oct 04, 2012
1 http://www.scottish.parliament.uk/
GettingInvolved/Petitions/reviewofsmokingban
2 http://www.freedom2choose.info/docs/EC_Standard_For_Ventilation.pdf
3 http://pwp.cakesolutions.net/export/sectors/creativemedia/
tvfilmanimation/item/105060.html
4 http://www.dailyrecord.co.uk/news/business-consumer/
revealed-700-scots-pubs-forced-1333665
5 http://www.novinite.com/view_news.php?id=143530
Category Health, Engineering
Tags Pubs, Scotland, air cleaning technology
0845 643 9552
F2C
15 Linksview House, Tolbooth Wynd
Edinburgh
Scotland
EH6 6DP
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http://prlog.org/11990729
Ban’s left our pubs gasping for breath
06 June 2011
By Paul Waterson
It is time for Scotland to think European on the smoking ban, says Paul Waterson
Five years ago our pubs were generally full of life, had a great atmosphere and were just about holding their own against vicious price competition from the supermarkets.
Although many had non-smoking areas and some had great ventilation, some thought that they were also full of smoke.
Scroll forward to today and we’ve very successfully got rid of the smoke, but at the price of losing many of our most loyal and valuable customers – and the pubs that went with them. In those five short years north Edinburgh and Leith has lost 34 pubs on its own and around 800 pubs have closed throughout Scotland. That’s about one in eight and four times the pre-ban rate.
We know that some of our bar staff’s eyes don’t sting, and their clothes don’t smell the way they used to, but it is difficult to see how else we have benefited. We may get an occasional new face in the pub – but they are few and far between and cannot replace, emotionally or financially, the regular with his own place at the bar and a pint and a cigarette in his hand.
When smoking was banned indoors, we were told that this was a sign of a brave new Scotland that was leading Europe. Most other countries didn’t agree. In the EU, only the UK and Ireland, among the cold rainy countries of the north, have such severe bans. In the south, countries such as Greece, Spain and Cyprus have followed suit – but what’s the problem with smoking outside in lands of almost permanent sunshine and balmy evenings (even if the bans are enforced)? Most countries, however, chose a middle path between a total ban and allowing smoking everywhere.
These countries seem to have balanced any potential improvement in public health against the very real threat to those wonderful social and community centres, therapy providers, and entertainment hubs we call pubs.
They have considered how to prevent staff from being exposed to smoke and come up with the wonderful idea of smoking rooms – which are quite separate from the rest of the bar. They have even thought about bars that are owner-operated and so have no members of staff who could be ‘involuntarily’ exposed to tobacco smoke – and have exempted them.
Some countries, such as France, have allowed new smoking spaces to be built in the grounds, or even housed in tents. In other words, they have been flexible – and they have saved hundreds and thousands of pubs, bars and cafes from going bust.
We hear that loosening the ban in any way would be to throw away the huge public heath gains.
Does this make sense? According to the latest Scottish Household Survey published by the Scottish Government, the proportion of smokers went down from 28.1 per cent in 2003 to 25.4 per cent in 2006 to 24.3 per cent in 2009 – in other words in the three years before the ban smoking went down by 2.7 per cent; in the three years after the ban by just 2.1 per cent. 12 per cent of pubs that have shut in the five years since the ban – licensees have been more affected than smokers.
No-one is suggesting that we go back to the old days. We know those have gone and many of our jobs have gone with them, but we can stop further destruction of one of our great institutions – the local pub – by looking to Europe and following their lead. No-one has to use smoking rooms unless they wish to. Even the vehemently anti-smoking US Surgeon General wrote “specially designed smoking areas inside a building can effectively isolate second-hand smoke”, and a visit to Europe can quickly show that they work very well in keeping smoke and non-smokers apart. Equally, an exemption for small bars is hardly going to change the world.
Many pubs are happy with the ban, and wouldn’t want to turn the clock back, and there would still be a huge choice of places for non-smokers to visit – but for some small pubs such an exemption would be a lifeline and an opportunity to survive in an otherwise very hostile environment.
The smoking ban was a bold experiment a few years ago. Had we all known then what we know now – that it would be the licensees doing the quitting, not the smokers – would it have been pushed through in the same way? Quite possibly; but common sense suggests that easing the ban a little will do nothing to harm the “health benefits” and may stop many more hard-working licensees from losing their livelihoods.
– Paul Waterson is chief executive of the Scottish Licensed Trade Association
ASH Scotland opens page on research into third-hand smoke
March 2, 2011
Tendring District Council, working in conjunction with Essex Police, have erected roadblocks across the north of the country in order to pull over drivers to crack down on those smoking in company cars.? According to the newspaper article, “Council wardens and uniformed Police officers will check inside vehicles for ‘ashtrays’ and the ‘smell of smoke'”.? Those “criminals” found to have smoked in their vehicles will face a fixed-penalty fine of ?50 or could be taken to court and handed a ?200 fine.??
Scottish Government guidelines for smoke-free mental health services
20 February 2011
Here at last are the guidelines directed to health trusts, designed to show them how to implement a completely non-smoking regime in institutions and facilities dedicated to psychiatric care.
—
Forest, Sheraton House, Castle Park, Cambridge CB3 0AX
Telephone: 01223 370156 Email: contact@forestonline.org
ASH Scotland looks for support from Scottish Government, as smoking rate remains static
By Freedom2Choose Scotland
The result of the Westminster General Election is a government asking us what we want repealed. We are also faced with extensive public spending cuts.
Please see the?attached letter (STUB OUT NHS WASTE) which puts this problem in its proper context.
Smoking
BY MICHAEL J. MCFADDEN
CELTEXMUSIC and FREEDOM TO CHOOSE (SCOTLAND) PRESENT FUNDRAISING EVENT
STRETCH DAWRSON AND THE MENDING HEARTS, 2 pm, Sunday 30 May, CISWO Club, North Street, Glenrothes, Fife, Scotland
Please consider attending this event, and invite friends, especially Fifers who enjoy good music!
‘Celtexmusic’ in association with ‘Freedom2Choose’ (Scotland) proudly present Scotland’s premier Western Swing Band ‘Stretch Dawrson & The Mending Hearts, just back from their successful tour entertaining audiences in the USA. Their latest CD ‘Celtex Swing’ will be on sale at the event.
Grab your cowboy hats, boots, and dance, dance, dance. Scotland’s premier Western Swing Band, just back from their latest tour of the USA. No 8 in the Western Swing Charts
FREEDOM TO CHOOSE (SCOTLAND) AND CELTEXMUSIC UNITED AGAINST THE BLANKET SMOKING BANS
Smoking bans are the creation of governments and vested interests that wish to denormalise smoking. That is to say, they wish to marginalise smokers from respectable and responsible positions in society, and isolate them from social interaction with non-smokers, careless of the lost social cohesion that results. These authorities have created a climate of fear surrounding second-hand smoke, which is one of the weakest toxins known to humankind.
INTOLERANCE IS A LEADING CAUSE OF INEQUALITIES
Scottish Display Ban Becomes Law
Mary Scanlon Proposes Removal of First Three Sections of Tobacco Bill
Smoking
Your “Tobacco and Primary Medical Services (Scotland) Bill” is more easily passed there than here at the moment, but it will eventually be used to pressure legislation in the States as well. I saw the Scottish pubs in the early stages of being destroyed during an otherwise wonderful visit in early 2006 and I hear daily tales of continued destruction to that backbone of Scottish cultural life in almost daily emails from friends there. This “Bill” is simply one more step in a carefully orchestrated plan to socially engineer smokers out of existence through what they like to call “DeNormalization” – the final solution to “The Smoking Problem.” I don’t believe the Scottish people would approve if they became aware of the full scope and conscious planning of such actions or if they truly understood the extent of the lies upon which imposed smoking bans and their extensions are based.
No ‘same again’. . it’s water for you!
By Adam Morris
Press Release – Fierce Lobbying Continues in War over Tobacco Display and Vending Machines.
Read More:? Scotland Observations Page 1
