Smoking-Legal Studies Essay Example | Topics and Well Written Essays - 2000 words

Smoking-Legal Studies - Essay Example view of the statement above outline, briefly, the current legislation relating to the smoke free environment in England and consider whether it is effective and in line with an individual’s human rights. Government plans to tackle the issue of smoking and to try to encourage people to quit led to the introduction in July 2007 of 6 relevant pieces of legislation aimed at businesses and public places1. The Health Act 2006 gives a definitive list of all those places that are covered by the No Smoking Ban and describes in detail the definition of public places so as to give clarity to all persons that the Act applies to. Penalties for anyone in breach of the new regulation are in the form of fixed penalties notices. Payment of the fixed penalty will mean that the person issued with the notice can avoid having the conviction entered against them. If the person refuses to pay or tries to prevent the officer from carrying out his duties then a summary conviction will follow2. Where an individual is caught smoking in a smoke-free place they could receive a fixed penalty notice for  £50 or a fine of up to  £200 and a summary conviction. The ban on smoking applies not only to public places but also to vehicles that are used for business uses such as company cars, taxis or business vehicles including delivery vans3. Although the level of compliance is high many still feel that this is an infringement of their human rights and that the government are wrong to enforce the ban on people4. Data published by the Department of Health in August 2007 after inspections had been carried out around the UK revealed that 97% of those inspected were smoke free within 2 weeks of the legislation coming into force5. In a report published by the NHS in November 2007 they report 98% compliance and 75% of adults supporting the ban6. The Minister of State for Health, Dawn Primarolo had predicted that the level of compliance would be high based on similar results when the ban was enforced in