Showing posts with label Labate. Show all posts
Showing posts with label Labate. Show all posts

Tuesday, 30 August 2011

Passive smoke 'danger' exposes Scottish Government to legal action

A prisoner has effectively called the bluff of the Scottish Government by suing it for passive smoke exposure – paving the way for many more cases against the government if the prisoner wins.

Reading through the worst claims about secondary smoke, one can see why a prisoner (still exposed to secondary smoke because of exemptions built into the 2005 law) might be worried. The fact that not a single fatality has been identified should offer some reassurance, but a prisoner who lives in dread of smoking-related conditions (which all affect vital body organs) might still seek compensation – why not? (Madame Labate's case might give a reason why not – see most recent link above).

Which way will the Scottish courts fall on this one? Admit no harm, or expose the Scottish public to a bill for compensation?

Will this be a push towards banning smoking in prisons – effectively removing the smoking ban exemption in prisons (as ASH Scotland aims to do)?

Will this be a political decision or one based on the evidence?