Abstract

Nearly two years after Ireland became one of the first countries to strictly enforce a comprehensive ban on smoking in indoor public places, including bars, cafes and restaurants, more countries are taking tough--and not-so-tough--action against passive smoking. A few weeks before the ban came into force in Ireland, Dublin banker Jimmy Fogarty asked the barman at his local pub: What are you going to do when the ban comes in? Breathe, the barman replied. The ban has since been embraced--albeit reluctantly--by Ireland's hospitality industry, though wholeheartedly by staff working in the sector. However, some studies have shown to be unfounded industry representatives' fears that business would dip. A study partially funded by Ireland's Office of Tobacco Control (OTC) that was published in the Irish Journal of Medical Science in July reported that the number of customers in 38 Dublin public houses had increased by 11% since the ban. Predictably, tobacco industry-sponsored studies say otherwise. But for publicans and clients, it's still business as usual. At Mulligans pub in the centre of Dublin, manager Gary Cusack said that the number of clients dipped during the first three months after the ban, but soon picked up to the usual levels after that: for our staff, they're delighted, as the work environment is a lot healthier now. Mulligans is one of the many pubs that created an outdoor area to keep smokers happy and now welcomes a new clientele: families with children. The Irish ban, which came into force in March 2004, was not so much to encourage people like Fogarty to give up smoking, but to protect people like his barman, according to Nigel Fox, an OTC spokesman. According to OTC statistics, there has been a slight reduction in the proportion of the population that smokes since the ban, from 25.5% in March 2004 to 24% in June 2006. An OTC study published in November 2005 showed a decline in exposure to second-hand smoke and a decline in respiratory symptoms in non-smoking bar staff in pubs. The tough measures were taken after Ireland signed up to WHO's Framework Convention on Tobacco Control, the world's first legally binding public health accord, in September 2003. It was not the first to be tough on smoking. Singapore introduced laws restricting smoking in public places and prohibiting tobacco advertisements in the 1970s. In 1986, the Ministry of Health launched a programme for smoking control, with the motto: Towards a Nation of Non-Smokers. Bans have been strictly enforced in two US states: California (1998) and New York (2003). New South Wales in Australia banned smoking in public places in 2000. But since the treaty's adoption, the number of countries taking tough action has grown fast. As of November 2006, 139 plus the European Union bloc of 25 countries had become parties to the treaty. These countries are required to impose a comprehensive ban on tobacco advertising, promotion and sponsorship with in five years. The treaty requires parties to adopt and implement effective legislative and other measures providing for protection from exposure to tobacco smoke in public places. Failure to comply with the Convention's terms can expose countries and individuals in those countries to potentially costly criminal or civil legal action. In 2001, Israel became one of the first countries to impose a ban on smoking in public places, but enforcement has been weak. This year Israel, as party to the WHO Framework Convention, became one of the first countries to see successful legal action based on the treaty, when a pregnant woman sued a restaurant owner for allowing smoking. The list of countries with smoking bans in public places is growing. But facing pressure to enact weaker prohibitions, some have imposed only partial bans that allow smoking in limited circumstances in bars, cafes and restaurants. …

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