So, did you respond to the Health (Tobacco, Nicotine etc. and Care) (Scotland) Bill consultation survey?
The Bill will introduce restrictions on the sale of nicotine vapour products (NVPs) such as e-cigarettes and shisha pipes. These restrictions will include; a minimum purchase age of 18, prohibiting the sale of NVPs via vending machines, requiring NVP retailers to register on the tobacco retailer register, prohibit ‘proxy-purchasing’ for under 18s, restrict domestic advertising and promotions, implement an age verification policy for the sale of NVPs and ban staff under the age of 18 from selling tobacco and NVPs. The Bill would also make it an offence to smoke in parts of hospital grounds.
On behalf of Forest, I submitted a seven-page letter. Here's a taste:
The NHS has a duty of care to protect people’s health but that doesn’t include the right to nag, cajole or bully smokers to quit. Many smokers are in hospital for reasons that have nothing to do with smoking. Why should they be told they cannot go outside and have a cigarette in the open air?
It’s heartless to ban patients or staff from smoking anywhere on hospital grounds. Tobacco is a legal product and many people smoke to relieve stress. A cigarette break at work or while they are in hospital is something many people look forward to. For some patients may be one of the few pleasures they have while in hospital.
Driving the proposal to make smoking in hospital grounds an offence is a degree of bullying that is unacceptable in a tolerant society. People are no longer educated about the health risks of smoking. Today they are patronised, insulted, made to feel like lepers or, worse, threatened with prosecution and fines. The public health industry is engaged in a campaign of creeping prohibition. Banning smoking in the open air, even in hospital grounds, is a step too far.
On the potential consequences of banning smoking on NHS sites, I wrote:
In June 2007 the Daily Telegraph reported, 'A trainee accountant obsessed with serial killers has been found guilty of murdering a nurse as she took a cigarette break. Cheryl Moss, 33, was stabbed and slashed 72 times as she stood in parkland at the back of St George's hospital, Hornchurch, Essex, in April, last year.'
Although this was a tragic and isolated incident, can we be sure it will never happen again? Had it not been for a ban on smoking in the grounds of St George’s Hospital, Cheryl Moss would probably be alive today. The NHS has a duty of care to all its patients and staff. Why put anyone at risk unnecessarily by banning smoking across all NHS sites and forcing smokers off the grounds? The risk to patients, visitors and staff may be small but it is a risk nonetheless.
By all means restrict smoking in the area around entrances to hospitals, but making it an offence to smoke on the entire site is unreasonable and excessive. It is the firmly held opinion of Forest that banning smoking on the entire site of any NHS hospital is inhumane and demonstrates a staggering lack of empathy for patients, staff and visitors who take pleasure from smoking or find it a comfort in stressful times.
On the threat to make it an offence to knowingly allow anyone to smoke on hospital grounds, I wrote:
In theory, this part of the legislation could result in a member of staff, with many years of dedicated service behind them, being prosecuted simply because, with the best of intentions, they turned a blind eye to a patient who wanted to smoke outside, a patient whose immediate well-being could be helped by a quiet smoke in the hospital grounds.
Over the years there have been many anecdotal examples of staff taking patients who want to smoke outside so they can light up. How dreadful if this Bill was to lead to the prosecution of a dedicated doctor or nurse, not to mention the catastrophic impact that may have on their career.
I also addressed some of the issues concerning electronic cigarettes. You can download and read the full response here.
Note: I've been sounded out about giving oral evidence to the Scottish Parliament's Health and Sport Committee next month. I'll keep you posted.