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Mixed feelings about new measures on public smoking

15 janvier 2008, 20:00

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A fine of not more than Rs10,000 and 12 months? prison term. These are some of the provisions made by the new Public Health (restrictions on products) Regulations for people found smoking in public areas. The new regulations have been circulated this week and the public is invited to send their views or comments before 31st January. While the ministry, non-government organisations (NGOs) and medical staff want to see a quick implementation of the regulations, some people are gnashing their teeth in view of their harshness.

The new law makes it clear that ?every owner or person responsible for a public place who fails to take reasonable steps to prevent a person from smoking in that public place shall commit an offence?. Any person contravening the regulations shall be liable to a fine between Rs 5,000 and Rs 8,000 for a first offence, between Rs 8,000 and Rs 10,000 for a second one and a prison term not exceeding 12 months for subsequent ones.

In addition to indoor areas, the first schedule of regulation 2 draws up a list of other places where it will be forbidden to smoke as soon as the regulations have been gazetted. ?Outdoor premises of a health institution, outdoor premises of an educational institution, outdoor premises used for the practice of sports and to which the public has access, outdoor cafés, bars and restaurants as well as bus stands, bus stations and taxi stands.? In fact, one of the businesses most affected by these regulations will definitely be the bars and nightclubs.

The owner of one of the most famous nightclubs in Pointe-aux-Canonniers, Pascal Hoffman, who is also the secretary and spokesperson of the Association of Nightclub Owners does not mince his words. ?Being a smoker myself, I really can?t see why the government is in such a rush to implement these regulations. It is an attempt to people?s freedom.? He comments the haste of these measures against more general ones: ?We have been waiting for amendments to the law concerning closing hours of nightclubs for years? They should think of reviewing the oldest laws before tackling new ones.?

The owner of the nightclub feels that extending the prohibition to outdoor spaces of restaurants, bars, cafés, etc. is exaggerated. ?In fact, a very low number of restaurants are completely closed areas in Mauritius ? unlike Europe, for instance.?

Fair and unfair</B>

He explains that a lot of entertainment places ? actually his own night club ? have an outdoor area for smokers smoke. He considers that banning even these outdoor areas is too severe. ?It is unfair to deprive people of their freedom to smoke just to follow what is done abroad. It was a long process in Europe and governments did not come up with severe laws overnight. Those who can?t stand cigarette smoke can always choose to go to a non-smoking place.?

However, the chairperson of the anti-tobacco NGO Visa, Véronique Leclézio, congratulates the ministry of Health to have come forward with such proposals. ?We have been in the field for ten years to try and make people aware of the dangers of tobacco for their health. We are delighted with these regulations.?

She considers that banning smoking in public is not just a matter of public health but also of social justice. ?It is not acceptable that an employee has to be filled with smoke and poisoned during working hours.? For her, it is fair that Mauritius brings new regulations, as it has committed itself by ratifying the UN convention to protect non-smokers. ?It is true that the State earns Rs 2 billion from the tobacco industry in terms of taxes? But this is nothing compared to what the State spends in treatments related to tobacco.?

<B>STRAIGHT ANSWERS

Vishwanee Lingachetti</B>

<I>Corporate & Regulatory Affairs Manager, BAT</I>

● <B>How does British American Tobacco welcome the new regulations banning smoking in public areas and stricter regulations on the sale of cigarettes?</B>

British American Tobacco (BAT) recognises that tobacco consumption is associated with real and serious health risks. We therefore support appropriate regulations. For the regulations to be effective, however, they should be balanced and take into account the views and interests of all concerned. We welcome the approach of the government to seek the views of everybody.

● <B>Do you think they will have a great impact on BAT?</B>

It is really difficult to assess the potential impact on the company in Mauritius. However, gauging from what has happened elsewhere, we can say that stricter regulations do impact on tobacco companies and on planters, distributors, retailers as well as other stakeholders of the industry.

● <B>Do you believe the new regulations are too strict?</B>

At first sight, it seems that some areas are quite strict, e.g. health warnings covering 65% of the pack or total public smoking ban even in areas meant for entertainment. We believe that a gradual tightening of the laws accompanied by measures to educate the public of the dangers of smoking, as is the case in European countries, will achieve better results than drastic restrictions imposed overnight. Furthermore we must be careful that a situation of over regulation does not encourage illicit trade by those involved in organised crime as opposed to legal players mindful of complying with the laws.

● <B>Do you think they match the local context? </B>

We believe that the regulations will correspond to the Mauritian context if it balances the interests of all players: smokers, non-smokers, tobacco growers, the Tobacco Board, the hospitality industry, the retail industry and the government.

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