Jamaica: Non-smokers Could Also Face the Heat

Source from:  Jamaica Gleaner (jm)  06/28/2013

Legal officer at the Ministry of Health Sheryl Dennis has indicated that persons other than smokers are liable for prosecution if there is a breach of the ban on smoking in public spaces which comes into effect on July 15.

"Where the owner or manager has acquiesced or has allowed these breaches to occur, they will be held liable and therefore an onus will be on the owners, managers, proprietors, lessees and so on, to ensure that there is no breach," Dennis said during yesterday's Jamaica House press briefing.

Meanwhile, referencing research done by oncologist Dr Margaret Dingle Spence, which shows an increase in the number of persons turning up at the outpatient clinic at the National Chest Hospital, Ferguson said it was important that the country wins the fight against smoking.

"We are seeing more cases of cancer now relating to cigarette smoking that is on the rise," Ferguson said.

This is not the first time that the Government has gone on the offensive against smoking. But Ferguson said despite a campaign, which involves a requirement for 'Smoking Kills' to be printed on cigarette packets, it is difficult to measure the extent of its success.

"Yes, there has been a campaign but it was one of more moral suasion. What you want now is to bring regulations on board that will say, in a real way that you can't smoke here. In essence, you used to smoke a pack a day because you had the freedom of smoking in your building, but you now get down to two a day then the country would have made significant progress. It is not just the individual that is affected but also the environment," Ferguson said.

He said yesterday that he did not announce an immediate ban because he felt it necessary to have consultations with the critical stakeholders on how it would operate.

"As would have been noted, prosecution is part of the response to people who break the law," Ferguson said, while noting that consultations with the police will help to negate the possibility of misinterpretation and misapplication of the law.

"I don't believe that we (should) try to police this thing or manage it by going on a kind of witch-hunting. We have to recognise that over time, as the public information becomes more available and persons recognising that there is going to be a ban on smoking in public spaces, you are going to see less and less of this kind of wanton disregard for our citizens by smokers," Ferguson said.

Health Minister Dr Fenton Ferguson has said smoking would be banned in all enclosed places, public transportation, workplaces, government buildings, health facilities, sports and recreational facilities, educational facilities, areas specifically designated for use by children, and places of collective use such as bus stops.

Persons found guilty of violating the law are liable for a fine of $50,000 and/or three months' imprisonment for the first offence. In the case of a second conviction, persons face up to $500,000 in fines and/or jail time of six months, or up to 12 months' imprisonment for subsequent offences. Enditem