Submission to Public Consultation
Public.health
Subject: Smoke-free Tasmania
Everybody has the Right to breathe Clean Air,
free from the Poisons in Secondhand Tobacco Smoke
On behalf of the Non-Smokers' Movement of Australia Inc (NSMA), may I
congratulate the Tasmanian Government on considering strengthening of smoke-free
policy in the interests of the health of all residents and visitors, and especially for
children, frail-aged people, and people with disabilities.
Our organisation was formed over 30 years ago, in 1977, to fight for every body's
basic right to breathe clean air, free from the poisons in tobacco smoke.
Clean water, clean air - every body's inalienable rights. Our Governments protect our
right to clean water in our taps - we have every right expect our Governments to
protect our right to breathe clean air.
Some may say that the battles for clean air rights are almost over but we must point
out that, due to greed, ignorance, addiction and complacency, there are still more
than 3 million Australians who smoke and expel the poisons in tobacco smoke.
Tobacco kills more Australians than any other single product.
Children continue to take up smoking at an alarming rate, with very few restrictions.
Even worse than that, innocent victims are forced to breathe in the poisons in
secondhand smoke from those 3 million smokers - children, disabled people and the
frail-aged are the silent and helpless victims and their rights are far more valid than
those of people who claim a right to smoke anywhere because they are using a socalled legal product. Chainsaws, cars and guns are also legally available products
but are subject to sensible restrictions.
We call on Tasmania's and all of Australia's Governments, to protect all Australians
from this totally preventable epidemic.
Right to breathe Clean Air: The message, of everybody's basic human right to
breathe clean air, must be emphasised in the face of opposition from smokers who
are, after all, in the grip of a highly addictive substance (nicotine). Opposition comes
not only from smokers, but also from Big Tobacco and its lengthy chain of dealers,
from the so-called "Hospitality" Industry and the Gambling Industry and many who
feed off them, including political parties and governments dependent on sponsorship
and taxation from tobacco - particularly odious methods of revenue-raising.
Smokers' Rights: We continually remind non-smokers and people who smoke that,
despite the fact that tobacco is currently a restricted but legally available product,
smokers' rights to use it stop at their own bodies (at their lips). Smokers have
no right to impose the poisons and stink of tobacco smoke on others, indoors or
outdoors.
Discrimination
Discrimination occurs in all places where smoking is allowed. Those who cannot, or
who will not (to protect themselves) enter premises or outdoor areas where smoking
is allowed are being discriminated against not only by the smokers but also by the
owners of the premises and by the governments which allow smoking in those
places.
Smokers are not being discriminated against - they would all be welcome to use
such places, simply not to smoke there.
"If the behaviour of one person causes unreasonable disadvantage to another then
that behaviour must be curbed or some way found to minimise or prevent its impact.
When testing for reasonableness, it seems to me that total exclusion weighs far more
heavily than the pleasure gained from the smoking of a cigarette."
Judge G.
Innes Disability Discrimination Case,1997 Francey & Meeuweissen v. Hilton
Civil Liberties:
Smokers may have the right to use a legally available product, but not where their
smoking adversely affects others.
Nanny State: In the words of the President of UK's Royal college of Paediatrics and
Child Health, in 2009, when discussing smoking in cars with children -"This is
legitimate Nanny-State territory".
We remind Tasmania's Government that, with children exposed daily to the poisons
in tobacco smoke, this is legitimate Nanny State territory, and that all governments
have a special responsibility to protect those who cannot protect themselves.
We don't hear the cry of "Nanny State!" when vehicle fuel emissions are restricted or
when building workers are told to wear helmets and hearing protection, and safety
vests. No - it's mostly where deadly drugs of addiction, such as tobacco and alcohol
are involved, and where those drugs of addiction are peddled legally.
Tasmanian Government has a responsibility to protect those who cannot
protect themselves.
The majority of smoking law reform has been driven by complaints from the loudest
and strongest. Governments should look at the pressing need for those reforms in
the past, and provide the same or stronger protection for those who cannot
help themselves, namely: the unborn, infants and children, physically and
intellectually disabled, frail-aged, prisoners, non-English speakers, in all aspects of
their lives.
Financial Impact/Benefit
It is difficult to estimate the financial benefits of smokefree policies except to say
that such benefits will far outweigh the estimated costs of legislation, signage,
monitoring and enforcement, as the impact will be long-term and far-reaching, viz.
cleaner air, healthier community, less places for smoking and thus reduced smoking
rates, less visibility of smoking, less stink and less cigarette butts and packets in
streets, doorways, parks, beaches, waiting areas, and waterways.
Most people don't smoke and they greatly resent that their access to clean air
outdoors is currently blatantly denied them by smokers. Smokers have become
accustomed to restrictions and should only smoke in designated spaces.
Any adverse impact which may occur as a result of smoking bans must be regarded
as a community cost of health reforms which will, in the short and long term, save
lives, not only through lessened exposure to tobacco smoke but also through
reduced smoking rates. No smoke-free reforms should ever be delayed in case of
perceived adverse economic impact.
Advice from Big Tobacco about potentially adverse economic effects should
certainly be taken into account - they are, quite naturally, gravely concerned about
the effect on their profit margins
Duty of Care /Workplace Health and Safety
Proprietors and Governments are reminded that they owe a duty of care to clients,
patrons and employees within their jurisdictions and premises. All are aware of the
dangers and that there is no safe level of tobacco smoke. Any person/s who suffers
due to exposure to the well-known toxins is entitled to sue those proprietors and/or
governments for breach of that duty of care as well as for breach of workplace health
and safety law which states that known dangers must be removed from the
workplace.
International Treaty
Australia is a party to the International Framework Convention on Tobacco
Control (FCTC). Australia played a leading role in the negotiations and claims to be
a strong supporter of the Convention. The second key obligation under the treaty
commits our governments to the following action: Recognising that "scientific
evidence has unequivocally established that exposure to tobacco smoke causes
death, disease and disability", Governments shall take measures "providing
protection from exposure to tobacco smoke in indoor workplaces, public
transport, indoor public places, and, as appropriate, other public places."
Legislation and Enforcement
Regarding signage: All signage should be clear and unambiguous
Policing new regulations is, of course, a matter of community education. With
smoking rates dropping in the community, and with a heightened sense of our basic
right to clean air, many non-smokers will, with the knowledge that government aims
to protect the community's health, speak up when they see breaches of regulations.
Governments should, of course, provide strong deterrents in the form of fines in
cases of breaches of the regulations.
With the backing of smoking ban and some simple signage, both children and adults
will be able to speak out confidently to defend their right to clean, smokefree air.
Smokefree Lives, INDOORS and OUTDOORS
Over the past decade many members of the community, especially children, have
lived, worked and played in smokefree conditions indoors and, when they approach
the "great outdoors" they are immediately assaulted, at every doorway, every outdoor
seating area, outdoor dining, at picnic areas, at so-called outdoor areas of pubs and
clubs, and even at entrances to kindergartens, schools, and medical centres, by
tobacco smoke from people indulging in their killer drug of choice and then tossing
their butts away. Tobacco products kill and harm not only smokers but also innocent
bystanders. If they were using syringes for delivery of their drug of choice,
there would be a huge outcry.
Governments protect other amenities in the environment - they carry out noise
abatement, pest control, food hygiene, fight chemical pollution. Governments have
the right and the responsibility to protect the community from the effects of tobacco
smoke, for the sake of improved public health as well as for improved amenity.
IF YOU CAN SMELL THE TOBACCO SMOKE,
THE POISONS ARE GOING INTO YOUR LUNGS (AND YOUR FAMILY'S LUNGS)
(Thoracic Surgeon, NSW, 2009)
Basic steps towards a truly smokefree and tobacco-free Tasmania
1
Commit to an end date for tobacco sales, preferably 31 May (World No
Tobacco Day) 2017. By that date, sales must be restricted to prescriptions for
licensed users only.
2.
Confirm that everybody has the right to breathe clean air, free from the
poisons in tobacco smoke.
3.
Declare tobacco smoke a Toxic Air Contaminant
Government can provide a strong tool for developing far-reaching legislation and
legal rights to gain everybody's right to clean, smokefree air in all aspects of their
lives.
4
Declare all tobacco products unsafe.
5.
Protect unborn and babies (especially in indigenous communities) by doing
everything possible to prevent women from smoking while pregnant and while caring
for babies
6.
Smokefree Homes - In the matter of secondhand smoke in the home,
nobody should smoke at home where children, frail aged or disabled people are
present. In any instance of smoking where children are present, a smoker should be
prosecuted for child abuse. Spanking a child is regarded as child abuse. Smoking
near a child, with the possibility of triggering life-threatening conditions such as
Sudden Infant Death Syndrome and asthma, must also be designated as child
abuse.
"Child abuse doesn't have to mean broken bones and black and blue marks. Young growing tissues are far
more vulnerable to carcinogens than those of adults. Knowingly subjecting children to respiratory
tract diseases is child abuse."
Dr William Cahan, Sloan Kettering Cancer Center, USA, 1993
7.
Legislate that children may not enter any smoking-allowed areas,
indoors or outdoors (similar to not being allowed in gambling areas).
Nobody can say how much tobacco smoke will trigger life-threatening asthma,
Sudden Infant Death Syndrome (SIDS), heart and lung conditions. The safest option
is to keep all smoking well-distanced from every body and at the same time help
prevent further uptake of the use of this deadly and highly addictive substance.
Rather than designating that areas such as children's' playground equipment should
have a smokefree zone around it, the government should turn the concept around to
recognise our basic rights to smokefree air, and should designate all areas to be
smokefree with the exception of a limited number of designated outdoor
smoking areas/ spaces.
Dr. Andrew Penman, CEO of Cancer Council says, "We are recommending to the
government that outdoor smoking needs to move…to the assumption that smoking is
prohibited from all outdoor areas unless otherwise stated."
8.
Public Transport Waiting Areas- Bus, Boat, Airport, Ferry, Train, Tram and
Taxi waiting areas and Vehicle and bicycle Parking Areas should all be declared
smokefree, within at least a 10 metre zone. There should be at least 10metre buffer
zones around all areas.
Public transport users often wait long periods for their smokefree and
environmentally-friendly transport. They are "doing the right thing" by using public
transport.
People who wish to smoke should find an area well-distanced from all others.
Governments should not feel the need to provide butt-bins at every waiting area smokers should dispose of their butts safely and thoughtfully, in personal ashtrays.
9.
Smokefree zones around Children's Care Centres, Schools, Play Centres, and Services.
Schools and child-care centres carry high concentrations of children, for at least thirty
hours each week. All such centres should have a 10 metre smokefree zone
around their borders, not only to protect from the smoke but also to de-normalise
smoking in children's eyes.
Similarly, hospitals and medical centres should also have 10 metre smokefree
zones completely surrounding their borders.
10.
Smokefree Alfresco Dining and Drinking-Cafes and Restaurants, Pubs
and Clubs
These areas are used for long periods, with people of all ages sitting in close
proximity to each other. The impact from tobacco smoke in such circumstances can
be as bad as indoors. Children and employees should not be allowed near such
spaces. Smoking should only be allowed in Designated Outdoor Smoking
Areas/Spaces, well-distanced from building openings.
11
Smokefree Parks, Sporting Fields, and all spectator Areas
Sport, active play and smoking simply do not mix. No child should see smoking as a
normal part of sport or play. There is nothing normal about smoking.
12
Smokefree Publicly-sponsored Events
Events held on Public Land (e.g.markets/ concerts/festivals/Christmas carols)
All should be declared smokefree, with a simple clause included in contracts. Short
announcements, combined with the usual sun-safe messages are sufficient - "This is
a smoke-free event" There is no reason to apologise for an "inconvenience" -tobacco
smoke has caused an "inconvenience" for years.
13.
Smokefree Beaches, Waterways and Jetties
Smoking along all waterways and at jetties (within 10 metres) should be totally
banned. The ban should not be limited to patrolled areas.
Poisonous cigarette butts cause untold damage to our marine life.
.
14
Designated Outdoor Smoking Areas/Spaces All potentially crowded public
spaces, such as central business districts, markets, concerts, festivals, and sporting
arenas, should have a limited number of Designated Outdoor Smoking
Areas/spaces. Designating such spaces should not be regarded as condoning
smoking, but as a means to restrict and contain both the tobacco smoke and
cigarette butts. When placed at a distance from thoroughfares and building openings
they also serve to take smoking out of sight of children, therefore de-normalising
smoking in their eyes. There is nothing normal about smoking.
Non-smokers should not be forced to find smokefree spaces. Smokers should
search out a space where their secondhand smoke does not affect others.
15.
Ban smoking in all vehicles, especially those carrying children, disabled
people, frail-aged, and other dependants, and to help prevent smoking distractions.
Drivers must fully concentrate on driving, not be distracted by the multiple actions of
opening a packet, lighting a cigarette, ashing, stubbing out, and carefully disposing of
it. Prevent bushfires (lit by tossed butts).
16.
Smoke invasion and smoke seepage from neighbours is a growing health
and social problem, which calls for strong and positive support, assistance and
legislation from Government
"Tobacco smoke travels from its point of generation in a building to all other areas of
the building. It has been shown to move through light fixtures, through ceiling crawl
spaces, and into and out of doorways. Once exposed, building occupants are at risk
for the irritant, allergic and acute and chronic cardiopulmonary and carcinogenic
adverse health effects which are known to be associated with environmental tobacco
smoke (ETS) exposure", California Chief of Occupational Health and Safety, 1993.
Government should assist home-dwellers in protecting themselves and their
families from secondhand smoke invasion from neighbours. Nobody should be
forced to barricade themselves into their homes to protect themselves from
neighbours' smoke. They have every right to expect clean water to flow from their
taps -similarly they have every right to breathe clean, smokefree air in their homes.
People should only be allowed to smoke where their smoke does not affect others,
indoors and outdoors.
Governments should support anyone who brings a complaint of invasion/assault from
tobacco smoke from neighbours. We already have protection from
invasion/assault from excessive noise. The same should apply to the poisons in
tobacco smoke.
Researchers Winickoff, Gottlieb and Mello in a recent article in New England Journal
of Medicine (NEJM) dated 17 June 2010, have advised the USA government that,
due to the nature of smoke seepage, and also, in order to protect the most
vulnerable members of the community, multi-unit Public Housing should be declared
smokefree.
17.
Smokefree Indoors, including Residential Institutions No exceptions.
With the knowledge that there is no safe level of tobacco smoke, all governments
must ensure that exemptions in so-called "special circumstances" are removed.
Residential institutions, such as psychiatric centres, hostels and prisons, if they
continue to allow smoking indoors, continue to breach basic workplace safety
regulations and their basic duty of care, towards smoking and non-smoking
residents, as well as to all smoking and non-smoking employees and visitors. All
other workplaces are designated smokefree, for health and safety reasons. Even
smokers are entitled to smokefree indoors at their place of residence. We are
advised that, following the promotion of the message "Car and home, smokefree
zone" the majority of smokers in general don't smoke indoors at home, for the health
and comfort of others.
The wide range of alternative nicotine therapies should be accessed if designated
outdoor smoking area/spaces cannot be used, due to physical disability or sensitive
security concerns.
Residents of such institutions should only be allowed to smoke in a limited number of
Designated Outdoor Smoking Areas/spaces, strategically placed to prevent tobacco
smoke from drifting inside buildings.
18.
. Criminal Prosecution for Suppliers of Tobacco to Minors.
Vigorous criminal Prosecution of Suppliers of tobacco products to minors (including
parents and friends).
Such measures are under consideration in several countries, in efforts to stop early
take-up by children and potential long-term addiction.
The message "Every cigarette is doing you harm" is especially important where
young people experience peer pressure to use abundantly available tobacco and
alcohol.
Suppliers (including friends and family) of these otherwise legally available drugs
must be forced to recognise the seriousness of their actions in supplying to minors
and must face the legal consequences, with heavy criminal penalties and full
publicity.
19.
.Rigorous testing of all quitting therapies, including non-drug therapies.
Subsidies and effective follow-up assistance.
20..
Licence to purchase tobacco:
Adults only, fee-paying photo-licence scheme, replacing tax revenues and
providing frequent opt-out with possible refunds for proven quitting attempts.
Such a scheme, provided by a Government fully committed to reducing take-up and
reducing smoking rates, is well worth immediate consideration. Full public
consultation, (national and international), should generate a successful scheme.
21.
Call on Australia's Federal Government to remove duty-free status from all
tobacco products.
22.
Support significant and relatively frequent price increases on tobacco
products.
23
Ban tobacco industry donations/sponsorship of political parties.
24.
Tobacco Sales only from licensed retailers - minors prohibited from selling
or handling tobacco products. No tobacco vending machines.
25.
All tobacco products out of sight, wherever they are sold, to de-normalise
smoking in children's eyes, as well as to reduce the visual impact of tobacco
products on those attempting to quit. .
26.
Allow only plain-paper packaging for all tobacco products. Brand Packaging
is another form of advertising, appealing mostly to young people.
27.
Media News coverage of all tobacco-related stories should be accompanied
by graphic warnings depicting dangers of smoking. The majority of news items
about tobacco continue to depict people "enjoying" tobacco products, thereby
constituting a form of unpaid advertising - children see these images often and must
regard smoking as a "normal' everyday pastime.
28.
Films/Television shows depicting smoking - to be accompanied by adult
rating, and prefaced with warnings.
29
All internet sales to be banned, and potential blackmarket /smuggling
activities to be heavily attacked. Funding to be supplied from tax/licensing revenues.
30
Reducing financial support of Big Tobacco.
Ban government and quasi- government investment (e.g. superannuation fund) in all
aspects of the tobacco industry - all tobacco investment to be separated from other
industries. Tobacco's financial links should be completely and openly exhibited to
allow public scrutiny and deliberate withdrawal from unintentional funding of the
production, packaging and marketing of its deadly products.
We are convinced that, with commitment to an end-date, and with co-ordinated,
tough measures, you can, we can, truly achieve a Smokefree Tasmania by 31 May
2017, with smoking damage reduced to very minimal and manageable levels.
We are happy to discuss these points further, especially in public forum.
Yours sincerely,
(Mrs) Margaret Hogge, Pres. NSMA. 0419 257 605
Support
Proposal
Number
Proposal
Do not
Support
Reasons
Please √
yes
1
Ban smoking
in all outdoor
dining areas.
Smokefree Alfresco Dining and
Drinking-Cafes
and
Restaurants, Pubs and Clubs
These areas are used for long
periods, with people of all ages
sitting in close proximity to each
other. The impact from tobacco
smoke in such circumstances
can be as bad as indoors.
Children and employees should
not be allowed near such spaces.
Smoking should only be allowed
in Designated Outdoor Smoking
Areas/Spaces,
well-distanced
from building openings.
2
Remove the 3
metres
exemption
permitting
patrons to
smoke at
tables within 3
metres of an
entrance/exit
to an eating
establishment.
3
Ban smoking
in all
pedestrian
malls, bus
malls and
covered bus
shelters.
yes
As above
yes
Public
Transport
Waiting
Areas- Bus, Boat, Airport, Ferry,
Train, Tram and Taxi waiting
areas and Vehicle and bicycle
Parking Areas should all be
declared smokefree, within at
least a 10 metre zone. There
should be at least 10metre buffer
zones around all areas.
Public transport users often wait
long periods for their smokefree
and
environmentally-friendly
transport. They are "doing the
right thing" by using public
transport.
People who wish to smoke
should find an area well-
Support
Proposal
Number
Proposal
Do not
Support
Reasons
Please √
distanced from all others.
Governments should not feel the
need to provide butt-bins at every
waiting area - smokers should
dispose of their butts safely and
thoughtfully,
in
personal
ashtrays.
yes
4
Ban smoking
within
enclosed
children’s
playgrounds
or within 10
metres of any
children’s
playground
equipment in
unenclosed
areas.
Sport, active play and smoking
simply do not mix. No child
should see smoking as a normal
part of sport or play. There is
nothing normal about smoking.
yes
5
5.1 Ban
smoking in all
outdoor
sporting
stadia and
cultural
venues, OR
5.2 Further
restrict
smoking in all
outdoor
sporting
stadia and
cultural
venues by:
5.2.1
Prohibiting
smoking
within 10
metres of any
seating area in
the stadium or
cultural
Smokefree Parks, Sporting
Fields, and all spectator Areas
Please indicate whether you do or do not
support a ban or restriction on smoking
in outdoor sporting stadia. If restrictions
are your preference, then please
indicate which of the options is you
Designated outdoor smoking
areas/spaces only, welldistanced from building
openings and out-of-sight of
children.
Support
Proposal
Number
Proposal
Do not
Support
Reasons
Please √
venue, OR
5.2.2
Prohibiting
smoking in all
seating areas
of the stadium
or cultural
venue, OR
5.2.3
Prohibiting
smoking in all
areas of the
stadium or
cultural venue
except for
designated
smoking areas
yes
6
Ban smoking
within 20
metres of the
competition
area at all
sporting
events where
children are
participating.
.
7
Ban smoking
at all public
swimming
pool
complexes.
yes
8
9
yes
.
yes
Please indicate which of the proposals
you do or do not support. You may
choose several options.
Ban cigarette
vending
machines.
9.1 Ban
specialist
tobacconists’
displays:
Adult smokers don't need displays in
order to purchase. Displays are
advertising, which is illegal.
Support
Proposal
Number
Proposal
Do not
Support
Reasons
Please √
9.2 Cap the
number of
specialist
tobacconist to
remain at the
existing level:
9.3 Phase out
specialist
tobacconists:
yes
9.4 Introduce
a new
category of
specialist
tobacco
licensing.
See notes re licensing retailers and
licensing adult purchasers.
yes
10
Remove
tobacco and
tobacco
products from
reward
schemes.
11
Ban tobacco
sales at all
temporary
events such
as music,
sport or art
festivals or
where the
majority of
patrons are
likely to be
under 18.
yes
yes
12
Enable
confiscation
of tobacco
and tobacco
products in
the
possession of
If you support this proposal, indicate who
you think would be most suited to be
given authority to confiscate tobacco
from a child.
Rangers,police, health authorities.
Related to this matter:
. Criminal Prosecution for
Suppliers of Tobacco to
Minors.
Support
Proposal
Number
Proposal
Do not
Support
Reasons
Please √
a child.
Vigorous criminal Prosecution of
Suppliers of tobacco products to
minors (including parents and
friends).
Such measures are under
consideration in several
countries, in efforts to stop early
take-up by children and potential
long-term addiction.
The message "Every cigarette
is doing you harm" is especially
important where young people
experience peer pressure to use
abundantly available tobacco and
alcohol.
Suppliers (including friends and
family) of these otherwise legally
available drugs must be forced to
recognise the seriousness of
their actions in supplying to
minors and must face the legal
consequences, with heavy
criminal penalties and full
publicity.
End of response from NSMA. M. Hogge