ACFO calls for Government smoke-ban clarification

Date: 27 July 2007

Health officials signaled to ACFO that the rules would be reviewed after they had been in place for about three years.

ACFO particularly singled out the Government's continual use in legislation of the word 'primarily' in reference to business/private use with no clear definition as to what that means.

ACFO chairman Julie Jenner said: "It is very clear that the smoke-free legislation was ill thought out. The difference in the laws in each of the countries, the terms and conditions used in the regulations and the absence of any clear definition of the word 'primarily' all point to a confused situation.

"Due to this confusion many ACFO members have introduced a blanket ban on smoking in all employer-controlled vehicles and - where possible - in privately-owned vehicles driven on business. While this is the safest solution in terms of compliance with all the different rules, it is not always the desired solution.

"The smoke-free rules make it particularly onerous for many employers and individual employees working, for example in the North of England and Scotland and the South West of England and Wales as the rules cover where vehicles are travelling as opposed to where they are based or registered.

"We would hope that the Department and other national agencies responsible for implementing the smoke-free legislation in Scotland, Wales and Northern Ireland will involve ACFO in review discussions to put an end to this confusion."

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