Chile''s Senate Votes to Ban Smoking in Public Spaces

Source from:  Santiago Times (cl)  11/05/2012

Vote prohibits smoking in bars, restaurants, night clubs and casinos, smoking still allowed at work.

Smokers in Chile will no longer be able to light up in bars, restaurants, night clubs or casinos following a Senate vote Wednesday on the controversial "Tobacco Law."

With 21 votes in favor, five against and one abstention, the Senate approved the section of the law that prohibited smoking in "enclosed spaces" of public access, defined as areas with a roof and one or more walls. This definition, based on the recommendation of the World Health Organization (WHO), differed from the original text of the bill and must be approved by the Chamber of Deputies and a "mixed committee" of senators and deputies before it enters into effect.

Anti-tobacco groups lauded the Senate's decision.

"The Senate did what it had to do –  listen to the voice of an asphyxiated country that demands respect when it comes to cigarette smoke," said Sonia Covarrubias, coordinator of Chile Libre de Tabaco. "This measure doesn't prohibit smoking, but it does guarantee the freedom not to smoke in shared public spaces."

Some, however, questioned the bill's clarity.

"This rush to pass legislation doesn't sit well with me. If the the legislation comes out confusing or poorly worded, there will be problems later and complaints from citizens," said Sen. Juan Antonio Coloma of the far-right Independent Democratic Union Party (UDI). "I also respect the right for someone to smoke in a closed private area."

The Senate stamped a deadline of Nov. 6 for the Health Ministry and the Constitutional Committee to adjust the bill. Senators also unanimously voted to allow hospital directors to prohibit smoking in outdoor areas and called on the Justice Ministry to find out who exactly is behind the tobacco lobby in Chile.

Sen. Fulvio Rossi, a member of the Socialist Party (PS), said political donations from tobacco companies are steering votes across the political spectrum.

"Who we really heard from yesterday was the tobacco industry. They're winning in this Senate debate," Rossi said. "The lobby is beating down public health in the Senate."

The Constitutional Committee will now have to revise an article that restricts tobacco company advertising, which called for harsher retail advertising regulations and banning tobacco product placement.

Senators also asked the Health Committee to revise an initiative that prohibits smoking in sporting enclosures, gyms and music or cultural venues that Congress passed in January.

The tobacco industry lobbyists influencing Chilean politics remain elusive, according to a Senate press release. The Senators backed a petition to figure out who from the tobacco industry advises political parties. They also want to reveal the name of the president of Chile Tobacco.

"There are problems with this constitutionally," said Sen. Larraín Fernández (UDI). "In particular, tobacco companies will be obligated to report their activities and lobby, while no other industry with lawful activity does."

With 17 votes against, six in favor and two abstentions, the Senate rejected a clause sponsored by the Health Ministry that would have increased the ministry's regulatory authority. Detracting senators said the clause would give the ministry too much power.

"It's an absolutely crucial measure for the success of this law, and we are going to insist on it," Health Minister Jaime Mañalich said after the vote. Mañalich said he would return to Congress with the opinion of the Supreme Court on the matter.

The bill set in motion just over a year ago to try to combat the Country's worrisome smoking rates, which top every other country in Latin America according to the Pan American Health Organization (PAHO). Enditem