Title of report:
Title of Report:
Implementation of the Smoking (Prohibition) Ordinance 2010
David Jenkins, Director of Health & Education
1.1 This paper requests Executive Council approval for the Smoking (Prohibition) Ordinance
2010 to be brought into force on 1st February 2011.
2.1 That Honourable Members approve the proposed implementation date of 6am on the 1st
February 2011 for the Smoking (Prohibition) Ordinance.
2.2 That Honourable Members note the preparatory work that has been done and approve that a
health promotion campaign that will run after the implementation date.
2.3 That Honourable Members approve the suggested approach to the policing of the law in its
3.0 Summary of Financial Implications
3.1 The additional financial implications arising from this paper are nil.
4.1 This is an issue that has been viewed by Honourable Members both in Executive Council,
Committee and Assembly and is now well known to them. In paper 271-10, Executive Council approved the final version of the Smoking (Prohibition) Ordinance 2010, and the Ordinance was subsequently agreed into Law by the Legislative Assembly in December 2010.
4.2 For the Ordinance to come into force, Executive Council approval is required. This paper
seeks that approval and recommends a start date of 6am on the 1st February 2011.
4.3 An Extraordinary Gazette will be issued as soon as possible after this special meeting of
Executive Council if Honourable Members approve.
5.0 Guidance for Public and Affected Areas
5.1 Single page guidance notes are in the process of being produced for the following audiences
5.2 These guidance notes will be distributed via a number of avenues, which will include:
• Direct letters/emails to licensees as well a meeting with all of them on the subject as
part of the monthly RFIP-Licensees meeting.
• Distribution via the Chamber of Commerce and Rural Business Association for the
employer-related guidance and home-businesses.
• Distribution via FIG email list (with particular attention to KEMH staff). • Radio interviews on both FIRS and BFBS (involving FIG and MoD representation).
• Email to relevant MoD authorities and briefings at MPA as required.
6.1 Example signs will be provided to any parties that request them. These will be drawn from
the following website which has a number of types available for free download:
7.0 Administration and Policing of the Ordinance
7.1 The administration of the Ordinance will be performed by the Courts. 7.2 Enforcement/Policing of the Ordinance will be performed by RFIP and training in how to
administer fixed penalty notices to individuals and businesses breaking the law is to be provided.
7.3 The Training Centre has produced a fixed penalty notice and booklet for use by RFIP in the
7.4 For the first month after the implementation of the Ordinance it is proposed that RFIP take a
‘constructive’ approach to its policing and will generally issue warnings instead of fixed penalty notices immediately. If the law is blatantly being flaunted and police officers feel it appropriate they will of course issue fixed penalty notices within the first month in those exceptional circumstances.
8.0 Health Promotion Campaign
8.1 A campaign to encourage people to stop smoking will be run in conjunction with the
implementation of the Ordinance. This will be led by the KEMH Pharmacist in partnership with the Chief Nursing Officer.
8.2 ‘No-smoking day’ is on the 9th March 2011 so therefore ties in well with the implementation
date of the Ordinance and also the health-promotion campaign. This day will be highlighted in the campaign.
8.3 The campaign will involve a concerted effort within the hospital (and across its primary care
staff), the community and across the media to encourage people to stop smoking and to provide guidance on how to do so.
8.4 Tools and pharmaceutical items to assist with stopping smoking will be provided free of
8.5 More detail on the Health Promotion Campaign is provided in Appendix A attached.
9.0 Financial Implications
9.1 Costs associated with the health promotion campaign are already included within the
KEMH budget for 2010/11 and will be covered from within the 2011/12 projection if it runs into that financial year.
9.2 Costs for administration of the Bill (e.g. printing of notices) will also be captured from
10.1 There are no legal implications arising directly from this paper as it is merely bringing into
force a previously agreed piece of Legislation.
Human Resources Implications
11.1 There are no Human Resource implications arising directly from this paper.
APPENDIX A – Health Promotion Campaign
A co-ordinated public campaign alongside legislation on Smoking (Prohibition) Ordinance 2010
will advise on the benefits of not smoking and on the dangers to those passively smoking. Details
What’s on offer:
Appointment with practice nurse and follow up clinic from pharmacy
All health staff ask and record smoking status on EMIS
Bupropion (person specific prescription only)
Stopping smoking treatment given to patients
Subsequent prescriptions only after evidence that quit attempt is continuing
If the attempt has failed then 6 months is left before trying again.
A flow diagram outlining this process is included on the next page.
Public Campaign along with
Smoking (Prohibition) Ordinance
Appointment with GP or Practice Nurse or Pharmacy Clinic
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