Nigeria: Opposing Views on Proposed Public Place Smoking Bill

Source from:  This Day (ng)  05/22/2013

The Lagos State House of Assembly recently held a public hearing for the Public Place Smoking Bill, with different groups arguing for and against the bill, depending on the interests involved in a process, which may directly affect a multi-billion industry in Nigeria.

Quest for Balance
 
The British American Tobacco Nigeria (BATN), on one hand, expressed its support for the passage of a balanced and evidence-based Bill for the industry. The company made this known at the recent public hearing at the Lagos State House of Assembly.
 
The company urged that it is in the interest of all stakeholders to ensure the passage of a balanced, workable and evidence-based Bill. This, the company believes, will help reduce the impact of tobacco on public health in the country.

Speaking at the public hearing, Head of regulatory Affairs, BATN, Mr. Sola Dosunmu, said the organisation had always supported appropriate regulation for the tobacco industry in Nigeria and have cooperated and collaborated with government agencies towards ensuring that existing regulations are enforced.

Dosunmu pointed out that any proposed regulation must not force the legal and regulated businesses out of operation as this would leave the market at the mercy of smugglers and illicit traders.

"In countries where harsh legislation have been considered, statistics on smoking prevalence and consumption, as well as academic and government commissioned studies evaluating the impacts of smoke free legislation have shown that complete smoking bans had no impact on smoking prevalence and consumption, but in some cases, smoking consumption among adults has increased", he added.

He advocated for a ban of sales of cigarettes to anyone under the age of 18, higher than the age of 15 proposed in the Bill.

Unemployment Impact

On his part, the Assistant Secretary General of Trade Union Congress (TUC), Mr. Anthony Ibafor, said TUC's position is that they are against the Bill as it would in the long run lead to unemployment.

Also, cigarette distributors and representatives of restaurants, bars and café owners also agreed that the passage of the Bill in its current form would have a negative impact on their businesses and lead to mass unemployment.

They unanimously tasked the legislators to be clear on the specified smoking areas by including designated smoking areas in the Bill and also to give them enough time to meet up with the provision to display signs.

Tobacco Control
 
In his submission, the representative of Nigerian Tobacco Control Alliance, consisting of 40 Civil Society Organisations, Mr. Nurudeen Ogbara, commended the House for championing the course of democracy.

He noted that the National Tobacco Control Bill, which was passed by the last National Assembly, is presently awaiting presidential assent. He also faulted the bill as too limited in scope to aid the cause of public health.

According to the Chairman House Committee on Environment, Hon. Abiodun Tobun, representing Epe Constituency1 in the State Assembly, the bill is a private member bill meant to protect the health of the Lagos residents.

He said the law had being in existence in other countries with cold weather, adding that "there is need to apply such in our state because everywhere you go in the state you see people smoking in every nook and cranny not minding the health hazard they are constituting to non-smokers and the environment at large."

A legal practitioner and a former member of the State Assembly, Hon. Babatunde Ogala, in his contribution noted that tobacco is not in either concurrent or exclusive lists to avoid contradictions.

He stressed that the issue of tobacco should be domesticated in the Ministry of Health schedule, saying the bill should emphasise more on designated places for smokers but not an outright ban in the public.

According to a representative of the Environmental Right Action (ERA), Mrs. Betty Aba, she said about 7 million people die annually as a result of smoking. Aba added that 300, 000 second hand smokers die annually as a result of inhaling smokes from smokers.

"This bill is a welcome development in the state and I will say that if the state government can ban cigarette smoking out rightly in the state it will be good for us and the generation unborn, just like it is been done in some Western countries", she opined.

The Bill

The bill, when passed to the law, would restrict any person who smokes in the presence of a child, and any such offender is guilty of an offence and shall be liable on conviction to a fine of N15,000 or to imprisonment for a term of one month.

Also, any person who owns or drives school buses or vehicles meant for public conveyance shall post in appropriate, in a clear, conspicuous and sufficient manner, 'No-Smoking'.

The bill also provides that any owner/Occupier must put up a 'No Smoking' sign in a conspicuous area on his or her property. Anybody smoking in the area commits an offence and shall be liable on conviction to a fine N100,000 or imprisonment for 6 months or both.

Also, where an offence is committed by a body corporate, firm or association, any person who is acting in any such capacity shall be guilty of an offence and liable on conviction to a fine of N250,000. Enditem