John Carvel, social affairs editor 

Widespread smoking ban on way

Enclosed public areas and workplaces to be affected.
  
  


Legislation to ban smoking in enclosed public places is likely to be the most controversial measure in three bills from the Department of Health.

It aims to eliminate smoking in all government departments and NHS premises by the end of 2006, with exceptions made for long-stay residential homes and mental health hospitals.

By the end of 2007 all enclosed public places and workplaces would be smoke free, with exceptions for licensed premises.

A year later, the measure would be extended to all pubs and bars where food is prepared and served.

The government has said it is trying to strike a balance between the rights of smokers and the need to protect the public - and staff serving them - from the dangers of passive smoking.

Details will not emerge until the autumn, but the legislation was already attracting criticism yesterday.

The British Medical Association said that only "a total ban on smoking in all enclosed public places will be truly effective".

Tim Lord, chief executive of the Tobacco Manufacturers' Association, said: "Time and again public opinion polls have shown that people do not want outright bans on smoking in public places but are in favour of segregated areas."

The smoking bans will be included in a health improvement and protection bill, which will also enforce tougher hygiene standards on NHS and private hospitals. In a drive to combat the MRSA superbug, there will be stronger sanctions against senior hospital executives who fail to maintain standards.

Patricia Hewitt, the health secretary, suggested on Friday that she might subject hospitals to the regime that operates in the food processing industry to stop visitors spreading infection. But the detail of the scheme has not yet been worked out.

A mental health bill will set new rules for the compulsory treatment of people with mental disorders - both in hospital and in the community - when they might pose a risk to themselves or others.

But ministers have not yet worked out how to address criticism of a draft bill in the last session from a joint scrutiny committee of MPs and peers. They said it put too much emphasis on protecting the public from a small minority of dangerously ill people, and could be used to impose compulsory treatment on people who had done no wrong and would not benefit.

An NHS redress bill will provide limited compensation for the victims of medical negligence. It aims to provide aggrieved patients with a cheap alternative to litigation, providing an explanation, apology and reassurance.

The emphasis will be on putting things right for the patient rather than making hospitals and clinicians pay for their mistakes. The NHS Litigation Authority would oversee the scheme.

The Queen's speech also foreshadowed a white paper on reform of primary care to increase capacity and widen patient choice.

 

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