The legislation covers all enclosed public places and work places that will have to be smoke free. It has been of discussion as to whether smoking should be allowed in public places or restricted; nevertheless the new regulations have made it clear that as of the 1st July it will not be allowed. The issue regarding this matter is in terms of the employers whether legally they are or required of to provide a designated smoking spot, or shelter area; this matter is clarified in the legislation as it makes it clear that employers are not legally required to provide such. On other hand if they do so it must not be enclosed or substantially endorsed and more importantly it must comply with planning regulations that are set.
The legislation is effective in that it protects the majority from serious health risks such as lung cancer and heart disease that may result from the affects from secondhand smoke. The legislations benefits health as the smoke free laws do prevent second hand smoke and also promote smokers to quit smoking. The factor that impacts and prevents heart disease is smokers that do give up and the smoke free legislation does manage to address this.
The question to ask whether the smoking ban violates the right of individuals, under the European Human Rights ConventionArticle 8 (concerning the right to respect for private and family life) an individual has the right to a right to a private life. Enforcing the legislation may pose a lot of problems as smokes may reject it as it violates this right.It may be argued that the smoking legislation does not take into consideration the impact that this has on smokers. As smokers are of the opinion that the government agenda is to take away there freedom to act and think on there own account. There could be an alternative method, by which the government could have tightened the controls rather than put a straight ban to smoking in public places. However it is believed that Smokers do not have the right to affect the health of others.
On the other hand non- smokers may question their entitlement to enjoy a smoke-free atmosphere and argue that smoking is not necessary; smokers do have the right to smoke as long as they do not cause any health problems to the non smokers. Thus it can be seen as having a positive effective in protecting individuals from health problems.
The majority has accepted the regulation; there has been a positive attitude to the regulations that have been put forward. The issue here is of the freedom of individuals, with which responsibility comes and it needs to be understood that the freedom given is not do as you please. There is evidence that does suggest that the ban on smoking has had a positive effect in that on a average smoking has decreased since the ban, there has been cancer research that also emphasis the importance of this.
In conclusion it can be said that the legislation is effective in achieving its objectives that were set. Smoke free environment is a key measure that is a must and will in affect save a lot of people’s life in the future to come. In my opinion the exposure of smoking does have an impact on non smokers and there have been instances were individuals have even died. However the goal is to prevent health problems and this may be in the long term successful in achieving a smoke free society.
BIBLEOGRAPHY
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Under the Health Act 2006
http://newash.org.uk/files/documents/ASH_94/ASH_94.html
http://www.northtyneside.gov.uk/business/smokefree.htm#c
http://www.northtyneside.gov.uk/business/smokefree.htm#c
http://newash.org.uk/files/documents/ASH_93.pdf
http://www.smokefreeengland.co.uk/thefacts/the-regulations.html
http://newash.org.uk/files/documents/ASH_94/ASH_94.html
http://www.bma.org.uk/ap.nsf/Content/Smokefree-healthbillbrief
http://www.bma.org.uk/ap.nsf/Content/Smokefree-healthbillbrief
http://www.who.int/mediacentre/news/releases/2007/pr38/en/index.html
http://www.northtyneside.gov.uk/business/smokefree.htm#c