Showing posts with label Scottish courts. Show all posts
Showing posts with label Scottish courts. 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?