Smoking and health measures backed in stage 1 report

A legally enforceable ban on smoking in parts of hospital grounds, and measures to restrict the sale of e-cigarettes, are among the provisions to win the support of MSPs scrutinising the Scottish Government's Health (Tobacco, Nicotine etc and Care) Bill. 

In its stage 1 report on the bill, Holyrood's Health & Sport Committee however questions the intention to set a standard distance from hospital buildings for a no-smoking area for all hospitals grounds in Scotland. It doubts the feasibility of this approach given the diversity of hospital estates, and recommends the Government considers whether each NHS board should be able to propose its own legally enforceable no-smoking perimeter.

The committee also believes that the bill may have an unintended consequence of increasing non-compliance with the other no-smoking parts of hospital grounds set by NHS policy, as smokers will be more aware that it is not an offence to smoke in those areas. Convener Duncan McNeil MSP commented: “The devil really is in the detail behind these proposals and it’s vital we get this right if we are to implement a legally enforceable no-smoking area without also introducing a lot of practical difficulties.”

The bill also introduces measures to restrict the sale of Nicotine Vapour Products (NVPs) or more widely known as e-cigarettes. The committee agrees that whilst the evidence on the extent to which NVPs may be harmful or to assist smoking cessation is still developing, it is prudent to take a proportionate and balanced approach to restricting the sale and advertising of NVPs. Deputy convener Doris MSP said: “The majority of evidence we heard pointed to these products proving to be a useful aid in helping people to stop smoking. Our committee wants the Scottish Government to consider providing national guidance outlining the risks and benefits of using these products to help quit smoking, whilst also supporting more research in this area.”

A new offence of wilful neglect would also be introduced under the bill. The committee recommends that the Government provides guidance to health and social care organisations on the new offence and in particular their roles and responsibilities. It also supports the proposed duty of candour, to be imposed on health and care organisations where something has gone wrong that causes unintended or unexpected harm not related to a patient's illness or condition.

Click here to view the stage 1 report.