Scotland: McConnell plans get out on total smoke ban (Sweeping zero-tolerance anti-smoking plan)

Key points

• Smoking ban looks likely to be announced on Wednesday
• Lack of public support may overturn decision, however
• Large fines to act as deterrent to any wayward smokers

Key quote
"The First Minister is aware that the vested interests and the lobbyists will try to pick off MSPs and press for exemptions from the ban ahead of the parliamentary process. If there are going to be any, it is likely to be at that stage [when the bill is going through parliament]." - 'Executive source'

Story in full JACK McConnell will announce an all-out ban on smoking in public places on Wednesday but offer an olive branch to the smoking lobby by hinting he may make concessions before the legislation becomes law.

Executive sources revealed yesterday that Mr McConnell wants the Cabinet to be decisive, making it clear that it is committed to taking tough and unequivocal action on smoking in Scotland.

But the First Minister, who will announce the Cabinet’s decision to the Scottish Parliament after its meeting on Wednesday, is aware that he does not yet have public support for a smoking ban and will want to leave open the possibility of exemptions from the ban if public opinion turns decisively against his plans.

However, it also became clear yesterday that the penalties for those who consistently break the new ban will be hefty.

It is understood that fines of up to £3,600 will be imposed on individuals and establishments which break the law, a level designed to act as a major deterrent.

An Executive source said: "Cabinet will be reasonably clear on the ban on Wednesday." But he added: "The First Minister is aware that the vested interests and the lobbyists will try to pick off MSPs and press for exemptions from the ban ahead of the parliamentary process.

"If there are going to be any, it is likely to be at that stage [when the bill is going through parliament]."

Cabinet members were given the paperwork on smoking at the end of last week and they have had the weekend to go through the results of the Executive’s consultation, an Executive-commissioned survey and a series of official documents setting out the benefits and drawbacks of a ban.

It is understood that the papers make it clear that the health case for a ban is overwhelming while the economic case would be neutral, or even beneficial, to Scotland.

The only problem for the Cabinet is the results of the Executive’s market research which found that only half of the population favours a ban and, of those, only half wanted to see a total ban.

And with about 70 per cent of the population opposed to a total ban at the moment, this might give some ministers pause for thought when making a decision on Wednesday.

There have been suggestions that private clubs might be exempt from the ban, allowing the Labour clubs in the west and central Scotland to exist as normal - but that would arouse the fury of publicans and probably lead to more problems for the Executive.

The maximum penalty would be stricter than in Ireland, which already has a ban on smoking, where the top fine stands at 3,000 or £2,096.

News of the harsh penalties came as it emerged that Dennis Coppola, the managing director of an electrical distribution firm had promised to bankroll a campaign against the proposed ban.