Has the government struck the right balance between the freedom of smokers and the welfare of non-smokers? Neil Allen reports
Our freedom to choose when and where to smoke is now regulated by the Health Act 2006 and its accompanying regulations which, broadly speaking, ban smoking in enclosed public places and work premises. Smoking in one's own home is not forbidden. Other types of accommodation, such as prisons, care homes and hospices, are similarly exempted from the prohibition. Hospitals are not, so patients must brave the weather if they wish to smoke. However, that is not an option for many patients detained under the Mental Health Act 1983.
The government originally intended to exempt designated smoking rooms in mental health units providing long-term residential accommodation. However, the public's response to its consultation opposed such a move. As a result, and unlike the position in Ireland and Scotland, reg 10(3) of the Smoke-free (Exemptions and Vehicles) Regulations 2007 merely provides a 12-month “sunset clause” to the ban. From 1 July 2008, all psychiatric hospitals will therefore be smoke-free.
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