With countries throughout the region moving to implement bans on smoking in public places, the government and opposition parties here have mixed views on similar laws.
While A Partnership for National Unity (APNU) and the Alliance for Change (AFC) say that the high health risks of both cigarette smoking and second hand smoke inhalation warrants a ban, government feels that the majority of citizens need to support such a ban before one is implemented.
“The fundamental issue remains whether our society is ready for that type of law or whether we have the capability of enforcing the law. Government would not want to put itself in the position of seeking to enact a law which does not enjoy the support of a majority of the citizenry,” said Attorney General Anil Nandlall.
He explained that currently there is draft legislation put together during the tenure of former Minister of Health Dr. Leslie Ramsammy. “Govern-ment has a draft model legislation on the issue of smoking in public places and matters accredited thereto. There is a unit established, within the Ministry of Health tasked with the responsibility of implementing this legislation and among other things sensitizing the public about the harmful effect of tobacco and tobacco smoke,” he said.
“They have been meeting with the Attorney General’s Chambers drafting department in respect of the legislation,” he added. Nandlall also informed that public consultations have been held countrywide on the matter of smoking in public places but could not say if they have been completed.
Minister of Health Dr. Bheri Ramsaran when asked about such a ban here had alluded to organizations that had on their own, implemented smoking restrictions. However, he did not address the issue of having a law implemented. Several efforts to contact him after for comment proved futile.
Nandlall said that he was not sure if a law against smoking in public places would enjoy the support of the majority of Guyanese. As such he feels that there should be more consultations. He also pointed to countries where the law is enacted but stressed that those states continue to have a problem with enforcement. “At this point in time I am unaware whether a law of that type will enjoy the support of the majority of Guyanese. Perhaps more consultations need to be done on this matter because…it is imprudent for any administration to seek to impose a law against the wishes of a large majority of the population,” he said.
APNU’s leader David Granger believes that given the ill-effects of smoking and second hand smoke on persons and the environment, a law should be passed in the best interest of the health of the populace. “There is a clear link between cigarette smoke, both for the smoker and second hand persons, and cancer and we feel that the time has come for government to intervene purely on the grounds of protecting the health of the citizens ,to prevent smoking in public places…I believe the time has come to impose a ban,” he firmly said.
Granger believes that there should be designated smoking zones for the smoker as the habit of one person should not affect the health of another. He said that if persons are entertaining at home or are in the comfort of their private domain, then there is nothing that can be done as they have to live with the choices they make.
He said that should a move be made in the National Assembly to enact a law against smoking in public places, it would be discussed among members before they support it but given the health benefits, his party would likely give its support. “APNU has not taken a firm position but we are inclined towards moving in that direction… we would as we do everything, put it to the shadow cabinet and will take a partnership position,” he said.
The Alliance for Change says that such a law would have its full support. Party leader Khemraj Ramjattan explained that when the law was first brought and being pushed by the then Minister of Health Dr. Ramsammy in 2009, it had his party’s support and still does. He explained that the adverse effects of smoking are too great to be ignored and stressed that there should be a ban. “I believe it is a good law. I am very much supportive of it …I supported it when Ramsammy brought it first to the house and I indicated, definitely, because there is a health benefit behind it .The number of people that goes into hospitals yearly for smoke related ailments is too high,” he said.
Further he pointed out that with the growing numbers of diseases linked to tobacco smoke, the increase in number of those seeking healthcare becomes a burden to taxpayers. As such, he said that the AFC feels that a law is urgently needed coupled with enforcement to make the environment cleaner and safer from smoke.
Last month, Jamaica announced a ban on smoking in public places.
Describing it as the most far-reaching piece of public health policy undertaken in recent times, Health Minister Dr Fenton Ferguson announced last month that as of today, no smoking will be permitted in public spaces across Jamaica.
According to the Jamaica Gleaner, in making the announcement in the House of Representatives, Ferguson said smoking would be banned in all enclosed places, public transportation, workplaces, government buildings, health facilities, sports, athletics and recreational facilities, educational facilities, areas specifically for use by children, and places of collective use such as bus stops.
Ferguson told Parliament that the Government had developed a new regulatory framework – the Public Health (Tobacco Control) Regulations 2013 – and that he used his power as minister to impose the ban.
Persons found guilty of violating the law are liable for a fine of J$50,000 and/or three months’ imprisonment for the first offence. In the case of a second conviction, persons face up to J$500,000 in fines and/or jail time of six months, or up to 12 months’ imprisonment for subsequent offences, the Jamaica Gleaner reported.
The minister told legislators that smoking has been a major contributor to deaths on the island and said smokers are victims of their practices. He said tobacco smoke is a toxic mix of more than 7,000 chemicals of which 70 can cause cancer.
