Scottish ministers in unanimous vote to ban public smoking

Scotland followed Ireland's pioneering anti-tobacco stance yesterday with a total ban on smoking in all public buildings. The unanimous decision by Scottish ministers to press ahead with the legislation, in the face of stiff opposition from the licensing industry, was announced by First Minister Jack McConnell as an important step in shedding Scotland's image as the "sick man of Europe".

Scotland followed Ireland's pioneering anti-tobacco stance yesterday with a total ban on smoking in all public buildings. The unanimous decision by Scottish ministers to press ahead with the legislation, in the face of stiff opposition from the licensing industry, was announced by First Minister Jack McConnell as an important step in shedding Scotland's image as the "sick man of Europe".

One in four of deaths in Scotland is said to be directly attributed to smoking-related illnesses, with some 13,000 deaths a year, 35,000 hospital admissions and an annual financial burden on the health service in excess of £200m.

Now, under new legislation to be launched before Christmas, the Executive hopes to have a ban by springtime. After that, publicans or employers face fines of up to £2,500 if they fail to enforce the law. Licensees who persistently offend will also face the ultimate sanction of having their licence withdrawn.

Individuals who smoke in enclosed public areas will face fixed-penalty notices - enforced by environmental health and local licensing standards officers - with a maximum fine of up to £1,000 for persistent offenders. "Too many people smoke, and too many people die or fall ill from cancer, stroke and heart disease," Mr McConnell said. "The single largest cause of preventable premature death in Scotland is smoking."

A public consultation on smoking, which produced 54,000 replies - more than any other of its kind - and research by Aberdeen University which showed the economy would benefit from a ban. Huge savings could be made to businesses from less absenteeism, fewer cigarette breaks and lower fire damage and redecoration costs which would more than compensate for any loss in business suffered by pubs, clubs and restaurants.

But tobacco manufacturers, and many pub and restaurant owners claim the ban will destroy consumers' freedom of choice, lead to the closure of up to 1,000 family-owned businesses and up to 10,000 job losses if smokers are driven from pubs, clubs and restaurants. They say it could also causer more house fires as smokers are forced to entertain at home.

Tim Lord, chief executive of the Tobacco Manufacturers' Association said a UK-wide poll of 10,000 people by Populus, showed 77 per cent were not in favour of a total ban in pubs, clubs and bars. "Our organisation is shocked by the Executive's determination to bulldoze this piece of legislation through Parliament," said Paul Waterson, chief executive of the Scottish Licensed Trade Association.

Although the legislation is likely to come under fire from opposition Tory MSPs, who oppose a blanket ban and cite a lack of evidence to substantiate dangers of passive smoking, the move is also being backed by the Scottish Nationalists.

"I do believe the time has come for a ban on smoking in public places," said SNP Holyrood leader Nicola Sturgeon. "There is a wealth of evidence to suggest it will cut deaths from passive smoking and make giving up a great deal easier for the 70 per cent of smokers who want to kick the habit."