Car smoke ban a gross intrusion on people's privacy

The BBC is reporting that a ban on smoking in cars with children will begin in October 2015.

Car smoke ban 'to start in October' (BBC News)

The BBC report includes a short quote from me. Forest's full response was:

The smokers' group Forest says regulations prohibiting smoking in cars with children are "unnecessary", "excessive" and a "gross intrusion on people's privacy".

Director Simon Clark said, "The government is taking a sledgehammer to crack a nut.

"The overwhelming majority of smokers know smoking in a car with children is inconsiderate and they don't do it.

"The regulations are unnecessary and excessive. Do we really want to criminalise people for lighting a cigarette in a private vehicle?

"How is the law going to be enforced? The police have better things to do than look for drivers smoking on the off chance there's a child in the car.

"The next step will be a ban on smoking in all private vehicles followed by measures to prevent smoking in the home.

"It's a gross intrusion on people's privacy."

I'm in Dublin today but I'm scheduled to be on Five Live around 6.30 (if they can get me out of the pub).

Oh, and the BBC News Channel is trying to book a studio so they can also interview me. (This is seriously ruining my plans for the evening!)

Yesterday I gave a short interview to BBC News health editor Hugh Pym. If I survive the edit I'll be on the Six O'Clock and Ten O'Clock News.

Update: Kingdom FM in Fife has just taught me how to record and send a Voice Memo using my iPhone.

As a result I was able to record my reaction to the car smoke ban story and email it to them for immediate broadcast.

Apparently the sound quality is far superior to recording via landline or mobile.

Update on Wednesday, December 17, 2014 at 19:31 by Simon Clark

Forest is quoted in the following reports:

Car smoke ban 'to start in October' (BBC News)
Smoking banned in cars when children are present (Daily Telegraph)
Smoking in cars containing children to be BANNED next year (Daily Mirror)
Smokers who light up with children in the car face being fined £50 (Daily Mail)

More on smoking in cars with children

Currently at Stansted waiting for a flight to Dublin.

I may (or may not) be on the news later today talking about smoking in cars with children. I recorded an interview for the BBC yesterday in anticipation of some announcement today, but no-one seemed to know what it might be.

Scotland, of course, is pushing ahead with a ban. Yesterday Lib Dem MSP Jim Hume presented a Bill to the Scottish Parliament that has the support of the Scottish Labour party and probably the Scottish Government although the latter is waiting to complete its own consultation on the issue.

Hume insists it's all about "the children", giving them the healthiest start in life. Odd, then, that he retweeted a tweet by someone who supports a ban on smoking in all private vehicles, regardless of the presence of children.

Via Twitter Forest asked Hume whether he supports a total ban but, so far, he's ignored our question.

Yesterday I was on Morning Call (BBC Radio Scotland) discussing the issue for half an hour although my contribution amounted to no more than a few minutes.

Most of what I said is summed up by these comments I gave the Dundee Evening Telegraph, which described me as an "expert"!

"Legislation to ban smoking in cars with children is taking a sledgehammer to crack a nut.

"Smokers don't need to be told how to behave. The overwhelming majority wouldn't dream of lighting a cigarette in a car if a child is present. Enough is enough."

"Criminalising it will have very little impact other than stigmatising smokers even more than they are already.

"The police must have better things to do with their time.

"This is yet another example of politicians interfering in people's lives for no good reason. It's gesture politics.

"The next step will be a ban on smoking in all private vehicles followed by a ban on smoking in the home."

But back to Morning Call. Also on the programme was John Watson of ASH Scotland which has been advising Hume on his Bill.

(How political is that? Further evidence of taxpayers' money being used by a 'charity' to lobby government. Shameless.)

In support of a ban John quoted research in which 25 per cent of children claim to be exposed to tobacco smoke in cars.

Needless to say this "evidence"is entirely anecdotal hence our belief that proper research should be carried out – similar to the UCD study in Dublin – to ascertain the facts not the fiction.

(UCD monitored over 2,200 cars in Dublin's rush hour and recorded only eight drivers smoking and just one child exposed to tobacco smoke in the car.)

Anyway, there was light relief in the form of this Twitter exchange:

#morningcall @simonclark_ from Forest disagrees with the potential smoking ban in cars. He says that smokers in Scotland know how to behave

— BBC Radio Scotland (@BBCRadioScot) December 16, 2014

@BBCRadioScot @simonclark_ sure it's no Forres?....get Scottish place-names right at least....

— Willie Farrelly (@bigwilliebhoy) December 16, 2014

@bigwilliebhoy @simonclark_ Forest is short for Freedom Organisation for the Right to Enjoy Smoking Tobacco

— BBC Radio Scotland (@BBCRadioScot) December 16, 2014

@BBCRadioScot @simonclark_ well say that then...eejits

— Willie Farrelly (@bigwilliebhoy) December 16, 2014

Forget health, anti-smoking laws are about control

We've made the front page of the Scottish Daily Mail this morning.

On page 2 I'm quoted as follows:

"This is a taking a sledgehammer to crack a nut. We don't condone people smoking in cars with children but these are private vehicles and we are concerned that the next logical step will be to try to ban smoking in homes as well.

"This will be excessive and almost impossible to enforce. If a car is going 30 or 40mph, police will not be able to say if there was a child in the car and I'm sure the police have better things to do."

Jackson Carlaw, health spokesman for the Scottish Tories', appears to share our view:

"We are reluctant to resort to legislation as we are concerned about not only enforceability but also the diversion of police resources."

Scottish Labour, however, support legislation and the SNP-led Scottish Government is "broadly sympathetic" to the Bill which is being put forward by Lib Dem MSP Jim Hume.

The next step, as we've always said, will be a ban on smoking in all private vehicles followed by bans in other private spaces including, eventually, the home.

Interestingly, figures published last week revealed a rise in the number of smokers in Scotland. "Scotland is losing the war on tobacco" reports the Mail, in a separate article.

According to the Scottish Household Survey 23.1 of adults were smoking in 2013, up from 22.9 in 2012. So much for "making progress".

Of course the knee-jerk reaction to failure is to push for more legislation, backed up by fines and other penalties, until it becomes physically impossible for an adult to smoke without breaking the law.

Forget health. This is about control.

Thank You For Smoking: I spy a sequel

There was a long and mostly positive feature about e-cigarettes in yesterday's Guardian.

Sublimely written by Will Storr – a former smoker who took up vaping whilst researching his article – there were times however when it bordered on satire to the extent that I was reminded of Christopher Buckley's exquisite Thank You For Smoking.

Who knew, for example, that "The range of flavours has expanded to more than 8,000 and now includes roast beef, unicorn milk and vagina mist."

Or that exhaling vapour through your nose and the sides of the mouth is called "the dragon".

Or that vapers known as "cloud chasers" compete to see who can create the largest amount of vapour.

Adding to the fun were comments from Michael Clapper of e-cigarette company Vapestick who Storr described as "part boardroom, part boxer".

Being the Guardian, of course, there had to be sting in the tail and having described, vividly and in some detail, what happened when coach driver John Walter's e-cigarette exploded (he and his family are now living in a Premier Inn).

If Buckley doesn't write a sequel Storr should. He's done the research and the title is obvious - Thank You For Vaping.

Nick Naylor is now an e-cig lobbyist and, well, I'll leave you to fill in the blanks.

But first, read Storr's article: E-cigarettes: is vaping any safer than old-fashioned smoke? (Guardian). Entertaining and informative.

A small victory for common sense and decency

An NHS hospital in Devon this week reversed its plan to restrict routine operations for smokers and those who are obese.

The decision, reported two days ago, was made following widespread condemnation of the policy which was originally announced in October and for some reason made headlines again ten days ago.

Credit where credit's due, the most prominent opponent of the policy was deputy prime minister Nick Clegg who described the policy as "unacceptable" and said he disagreed with "rationing in that way".

Other politicians who spoke out included Eric Pickles, Secretary of State for Communities and Local Government, and Labour's Ben Bradshaw.

When the story broke (again) on December 3 I was invited to appear on Spotlight, the BBC's local evening news programme for the South West.

It was very short notice and I couldn't get to the studio in time but we issued this response:

"The NHS was built on the idea that it doesn't discriminate against people on the grounds of race, creed, colour or lifestyle.

"Not only does this discriminate against people because of their lifestyle, it discriminates against patients according to where they live. Local people will be at a huge disadvantage compared to patients in other regions.

"Smokers are entitled to treatment. They pay £12 billion a year in tobacco taxation alone. This is far more than it costs the NHS to treat smoking-related diseases.

"We would encourage smokers to take their doctor's advice about smoking in advance of an operation but if they choose not to that's a matter for them. Doctors are there to advise, not dictate how people live their lives."

I later caught the programme on iPlayer. We weren't quoted but the presenter gave the NHS representative a serious grilling so we had no complaints.

Thankfully others – including the deputy PM – shared our concerns and the policy has now been dropped.

A small victory, perhaps, but a welcome one nonetheless.

Deputy PM Nick Clegg criticises NHS Devon plan to restrict treatment for smokers and morbidly obese http://t.co/cgvXYdtJat @BBCSpotlight

— Forest (@Forest_Smoking) December 4, 2014

Old friends and Christmas letters

I thought round robin Christmas letters were becoming a thing of the past.

Apparently not. Three arrived this morning. One – from "industrialist" Ken Tonkin – even mentioned me by name:

I met an old friend, Simon Clark, a few weeks ago and he kindly pointed out how boring he found the whole idea of Christmas letters and mine in particular so this one is dedicated to him.

Simon is the director of an organisation called Forest, the Voice and Friend of the Smoker, and organised a great party to celebrate Forest 35th anniversary. There were some delightfully right-wing people there and the whole evening was a great success.

Prior to the event at Boisdale I hadn't seen Ken for ten or 15 years. In the Eighties I saw him all the time and even shared a bed with him.

We met through a mutual friend, Richard Thoburn. Richard worked for a PR company just around the corner from me in London.

Richard was a member of the Federation of Conservative Students at Bradford (where he met Ken). Shortly after I arrived in London we were introduced by another old friend.

Several times a week we'd meet for a drink after work. Our 'regular' was the Old King Lud (now closed) on the corner of Ludgate Circus, a few minutes' walk from St Paul's Cathedral.

I remember drinking in the Old King Lud the day Mrs Thatcher announced that a huge task force was to sail 8000 miles to the Falkland Islands. The atmosphere that night was incredible. We were so pumped up it was the closest I've ever got to volunteering!

Later Richard and I shared a flat in West Kensington. That's when I really got to know Ken because he often stayed overnight after a long session in the pub.

We started renting cottages for boozy breaks in small rural villages. We'd invite half a dozen or so friends and together we'd squeeze into however many beds there were.

One year, in North Wales, Richard, who had first pick, chose a single bed leaving Ken and me to share the adjacent double bed, like Morecambe and Wise.

Most of the time, though, was spent in the nearest pub.

Ken had a prodigious appetite for pubs and beer but never seemed to put on weight. Perhaps it helped that he was, and still is, a smoker.

Outwardly relaxed and extremely laid-back, he nevertheless has a sharp and occasionally ruthless business brain. I've lost count of the number of companies he's bought or invested in – hence the "industrialist" tag.

Richard, I should add, has been no less successful, which is equally galling. Nevertheless, it was great to see both of them at Boisdale.

Now, about those letters. In 2012 the late Simon Hoggart had this to say: Bah humbug to the Christmas round robin (Daily Mail).

Question Time: now that's entertainment!

I remember when Question Time was essential viewing for anyone with the slightest interest in politics.

Invitations to sit in the audience were highly prized too.

The first time I took part was in 1984. The ASI's Madsen Pirie was on the panel and he was allowed to invite some 'supporters' to what I think was a church hall in South London where the programme was recorded.

Half a dozen of us turned up and every time Madsen opened his mouth we applauded as loudly as we could.

Later, when I watched the programme on TV, you could clearly hear us even though we were massively outnumbered by local Labour party activists.

In the Eighties there was hardly a week when I didn't recognise at least one face in the audience, often more.

On one occasion a member of the audience complained that people were far too quick to criticise. QT, he suggested, had become "a knocking shop".

Sharp as ever the late great Robin Day responded, "Whatever else Question Time is, it cannot be accused of being a knocking shop."

It got a big laugh and the member of the audience (grinning from ear to ear) was my old friend Gary Ling!

I haven't seen Madsen on the programme for years – probably because of his insistence on giving extremely succinct answers in stark contrast to the long-winded drivel that passes for political 'debate' today.

Sadly QT is a shadow of its former self and I rarely watch it. Last night however, for a few brief minutes, it was like the old days.

With one exception (The Times' Camilla Cavendish) the panellists were ordinary (Penny Mordaunt, Mary Creagh, Nigel Farage) or dire (Russell Brand), but for sheer entertainment the programme was unbeatable.

If you didn't see it I recommend this article – What happened when Nigel Farage and Russell Brand were on Question Time together? (New Statesman) – but there are many more online.

If you get a chance watch it on iPlayer. I can't remember the last time I laughed out loud during a TV programme, and certainly not Question Time.

Amend the smoking ban to help save the great British pub

The IEA has published an excellent report by Chris Snowdon.

Closing Time: Who's killing the British pub? doesn't hide the fact that the number of pubs has been in long term decline since the late nineteenth century.

Between 1905 and 1969 the number of licensed premises fell from an estimated 99,000 to 75,000. By 2003 the figure was below 60,000 and in recent years "the trickle of pub closures has become a flood".

In fact, between 2006 and 2013 the number of pubs fell from 58,200 to 48,000, a drop of 18 per cent in just seven years.

Closing Time looks at why this has happened and addresses a number of issues including cultural change, economic factors, the pubco beer tie, and the smoking ban.

Uncomfortably for government, Snowdon concludes that excessive taxation and regulation have played a significant part in the demise of many pubs. He therefore proposes a number of measures including a reduction in alcohol duty and a reduction in VAT and a lower rate for cooked food.

Echoing Forest's long-held position, he also supports an amendment to the smoking ban:

The Labour Party's 2005 manifesto contained a pledge to ban smoking in pubs that sold food while promising that 'other pubs and bars will be free to choose whether to allow smoking to be smoke-free' (Labour Party, 2005). After intense lobbying from anti-smoking groups, this pledge was abandoned and the UK was given one of the most uncompromising smoking bans in the world. This has been devastating for many pubs and there is clearly a market for indoor venues that allow smoking in one or more rooms. The UK should follow the lead of the many European countries that allow the hospitality industry to accommodate smokers.

Not everyone agrees, of course, and today's Eastern Daily Press features comments from two Norfolk publicans who believe the impact of the ban is small compared to "more traditional reasons" and don't want it changed (Impact of smoking ban on pubs less than claimed, say Norwich publicans).

But they would say that, wouldn't they? After all, they're still in business and may have profited from the closure of rival pubs.

No amendment would force publicans to allow smoking on their premises. It would merely give them the option to introduce separate, strictly regulated smoking rooms. You would only want to deny others that option if you feared competition, right?

Truth is, many people in the hospitality industry are in denial. As this 2010 report demonstrated, there is incontrovertible evidence the ban had a huge impact on pubs – and not in a good way.

Snowdon's IEA report has been covered by the Daily Mail. The Telegraph's deputy editor Allister Health has also written a very good piece here – The real reasons for the tragic demise of the British pub industry.

The BBC has of course ignored it, though I'm willing to be corrected. (An interview with Snowdon on BBC Radio Cornwall doesn't count!)

Meanwhile you can download it here. As with all of Chris's work it's full of interesting facts but it's also very easy to read.

Warmly recommended.

PS. One of the reasons I enjoy reading Snowdon's reports is he's not afraid to have a dig at those he disagrees with. In Closing Time, for example, he has a pop at both CAMRA and the IPPR, a left-wing think tank that supports state aid for "community pubs" without addressing the underlying reasons why fewer people want to go to their local.

You can tell too what he thinks of Professor Linda Bauld's 2011 report for the Department of Health – Impact of Smokefree Legislation in England: Evidence Review – which produced an unexpected but superbly written response from Imperial Tobacco, The Bauld Truth.

Ironically Prof Bauld is now "one of us" because she supports light touch regulation on e-cigarettes.

There is nothing light touch about the smoking ban which can be easily extended to include e-cigarettes. Reap what you sow and all that.