http://news.independent.co.uk/europe/article2198397.ece

 'Cigarette police' deployed in France to enforce smoking ban
By John Lichfield in Paris
Published: 30 January 2007

>From this week, a legion of 175,000 "cigarette police" will patrol and
sniff schools, factories, offices and other "public spaces" across
France to enforce a tough, new law against smoking. At least this is
the theory. After years of lax enforcement of existing laws, it
remains to be seen how strictly the new rules are imposed.

Restaurants and bars, in which smoking has theoretically been banned
since 1991, have been given a further 11 months' grace until January
next year. Smoking in almost all other enclosed spaces open to the
public will be banned from Thursday. Offenders face a fine of €68
(£48). Similar restrictions have already been imposed in Ireland,
Spain and Sweden and will take effect in England in June.

There are some doubts about the legal basis of the French law, imposed
by government decree and ministerial circular rather than by act of
parliament. The government could not trust its parliamentary
supporters to anger smoking voters by passing tough restrictions in an
election year. All the same, the law represents an important stage in
the conversion of France to an officially anti-smoking country. Until
two decades ago, the French state, which held the monopoly for
producing and importing tobacco, took a relatively relaxed view of
smoking.

In recent years, tobacco taxes have been pushed up by 40 per cent,
bringing a packet of 20 to around €4, one of the highest prices on the
continent. The number of smokers fell at first but is now rising
again, especially among teenagers. About one in three French people
over 12 smokes regularly.

The French Health Minister, Xavier Bertrand, has bowed to pressure
from health professionals and the threat of law suits from passive
smokers. Smoking is held responsible for 66,000 deaths a year in
France, including 6,000 people who had never smoked.

"From 1 February, no one should have to put up with smoke puffed out
by others," M. Simon said. "This is the end of the enforced
co-habitation between smokers and non-smokers."

In theory smoking in all French bars and restaurants has been banned
since 1991, except for small, designated "smoking" areas. In practice,
the law has been turned upside down with almost entire premises marked
as " smoking areas". This has not been challenged by the government,
but from next January all this will change.

The power to enforce the law has been given to the police and
gendarmerie but also to the transport police and an army of
inspectors. They will have the power to issue "contravention"
documents, like parking tickets, to offenders. The government hopes
that the law will, in fact, mostly be enforced by the moral pressure
of non-smokers. The detail of where smoking is banned is not in the
decree but in a ministerial circular. Lawyers have warned that this is
legally dubious and open to challenge.

Today the European Commission will call on all 27 EU countries to
follow suit by barring smoking from public places. Markos Kyprianou,
European commissioner for health, will launch a discussion paper which
will raise the possibility of pan-European legislation - though member
states will decide whether to outlaw smoking or take milder measures
to discourage it.


-- 

André

Desenhos, Fotografias, Mapas Ferroviários e outras tranqueiras
http://www.andrekenji.com.br
Contra o Consenso http://www.andrekenji.com.br/weblog
Flickr http://www.flickr.com/photos/andken/


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