THE UK Government is considering banning smoking in pub gardens, outside clubs, hospitals, and sports grounds, and in children’s parks.
Labour ministers are looking at extending measures in Rishi Sunak’s Tobacco and Vapes Bill to bring in the ban on smoking in certain outdoor spaces, The Sun first reported.
As it stands, the bill would ban the sale of tobacco products to anyone born on or after January 1, 2009 from January 1, 2027, creating what the UK Government has called a “smokefree generation”.
The bill would also bring in new powers to regulate displays, contents, flavours, and retail packaging of vapes in a bid to crack down on their widespread use among children and teens.
Would the ban on smoking in outdoor areas like outside hospitals, pubs, and sports grounds extend to Scotland?
Currently, it is unclear if the extended provisions being considered by UK Government ministers would apply in Scotland. However, it seems likely that they would.
The Scottish Government has spoken strongly in favour of the Tobacco and Vapes Bill as it was first drafted, and gave consent to it applying UK-wide.
As smoking is considered a public health issue, and health is devolved, the bill would need the Scottish Government’s approval due to the Sewel Convention, which says devolved government should consent when Westminster legislates in devolved areas.
In March, Scottish Public Health Minister Jenni Minto said: “We will now consider how to use these powers, if passed by Westminster, with the consent of the Scottish Parliament, to benefit public health.
“We will continue our four-nations approach to avoid any unnecessary regulatory divergence and to offer more certainty and for business and consistency for consumers.”
In April, it was confirmed that Scottish Health Secretary Neil Gray would lodge a motion at Holyrood in support of consenting to the Tobacco and Vapes Bill in its entirety.
The Scottish Ministers' words, especially about taking a four-nations approach, suggest that a ban on smoking outdoors in certain areas would also be brought in in Scotland.
Asked about their stance, a Scottish Government spokesperson said: “We do not comment on leaked information and await the introduction of the new legislation.
“Any proposals for restrictions in Scotland would be subject to full consultation. They would also require to go through the Scottish Parliament.”
Asked about the issue on Thursday, First Minister John Swinney said he would "look with care" at any UK ban on smoking in outdoor spaces.
What is the UK Government saying about the potential ban on smoking in some outdoor spaces?
The Department of Health and Social Care said it did not comment on leaks, in response to the initial story from The Sun.
However, a spokesperson went on: “Smoking claims 80,000 lives a year, puts huge pressure on our NHS, and costs taxpayers billions.
“We are determined to protect children and non-smokers from the harms of second-hand smoking.
"We’re considering a range of measures to finally make Britain smoke-free.”
