Saturday, 31 July 2010

'Pro-choice campaigner questions legality of outdoor ban' at NHS Grampian sites

Following a board resolution banning the use of tobacco by staff patients or visitors at any of its sites, NHS Grampian's Freedom to Choose (Scotland) Chairman Eddie Douthwaite has told the Press and Journal that such a ban has no basis in law. Report here.

The decision was made following the publication of NHS Grampian's consultation on extending the smoking ban on Trust premises, in spite of the many voices raised in opposition. The consultation responses can be viewed here. Note especially paragraph 9 (p. 12), where a legal adviser points out that outdoor smoking is not covered under the Smoking, Health and Social Care Act (2005) that brought in the smoking ban.

The executive summary of the consultation (first two pages) concludes by observing that many people recommended a 'middle ground'. There is little sign of such a middle ground here. Carrying tobacco looks set to be a disciplinary offence for trust employees, while patients can be threatened with the withdrawal of treatment for not observing the policy. Objections of the union UNISON, Aberdeen University (a co-owner of Foresterhill hospital site) and many others, including Freedom to Choose (Scotland) and local council leader Kate Dean are apparently to be brushed aside. However we await a statement from the Trust itself as to the detail of the new policy.

Press and Journal report last year of decision following consultation
Evening Express report this year, very disappointing piece pointing out that smokers 'could be offered nicotine in some other form': they just don't get it, do they?


Unknown said...

They listen to their own voices Belinda, the hint is in the words 'Tobacco Control.' They don't wont anyone liking tobacco, so they have to control it! But they never stop. Oh they will lie that they don't want to stop smoking in your own home, It's all an expermient to see how far they can get away with, they are trying it out in Amereica but, believe me, it's comming here, as sure as eggs are eggs. Control is nothing unless it is total!

John Watson said...

That TBY is the very reason that they have already lost, when an opponant is as overconfident as tobaco control any setback is a major disaster for them.
Consider this they are fighting for control, we are fighting for our way of life which side has the greater incentive to win?

They use bully tactics we use reason, are there more reasonable people than bullies?

They see what they want to see, they fool themselves into believing that they cannot lose, We see freedoms under threat,we know that freedom is never lost until the last believer is gone.

Which is stronger, control or the belief in the ideals of freedom? for control to win everyone must comply, if only one believer in freedom exists then there is no control.

Where control is concerned freedom is a cancer, it relentlessly eats away at control. so yes smoking causes cancer, a cancer called freedom that kills control freaks like the anti smoking lobby!

I repeat they have already lost they just do not know it yet.

The witch from Essex said...

There have been enough legal challenges to show that an outdoor ban in the grounds of hospitals is totally unenforceable.
The hospital have no authority to make amendments to the Act of Parliament that prohibits smoking in public enclosed places.
Only the Secretary of State can make an amendment to prohibit by Law smoking in the open air in public grounds.

no deid yet said...

Chairman Eddie Douthwaite will be speaking about NHS Grampian's plans to extend the smoking ban outside. Radio 5 Live 1.15 today (Mon 2/August)