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Information and public services for the Island of Jersey

L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Protecting Children by Extending Smokefree Spaces: Response to Public Consultation (R.53/2014)

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

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  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

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The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 24 April 2014:

Decision  Reference        MD-HSS-2014-0008

Decision Summary Title :

Restriction of smoking in motor vehicles carrying children under the age of  18yrs.

Date of Decision Summary:

19 March 2014

Decision Summary Author:

 

Head of Health Improvement

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

-

Written Report

Title :

Protecting children by extending smokefree spaces: response to public consultation

 

Date of Written Report:

19 March 2014

Written Report Author:

Medical Officer of Health

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Restriction of smoking in motor vehicles carrying children under 18yrs

Decision(s): In February 2014 the Health and Social Services Department released a report on the 2013 consultation ‘protecting children from second-hand smoke’ concluding a high level of support from the public for banning smoking in cars carrying children. Subsequently the Council of Ministers have supported the Minister for Health and Social Services to proceed directly to drafting legislation to allow the restriction of smoking in motor vehicles carrying children under 18 years.

The Minister approves the presentation of a Report to the Assembly stating the policy decision to amend the Restriction on Smoking (Jersey) Law 1973 to enable the creation of Regulations to prevent smoking in motor vehicles carrying children under the age of 18yrs.

Reason(s) for Decision: To update the Assembly on the intended actions of the Minister for Health and Social Services following release of the findings of a public consultation ‘Protecting children from second-hand smoke’.

Resource Implications: None

Action required:

Request the Greffier of the States to arrange for the Report, Protecting children by extending smokefree spaces: response to public consultation to be presented to the States.

Signature:

 

 

Position:

Minister for Health and Social Services

Date Signed:

 

Date of Decision (If different from Date Signed):

Protecting Children by Extending Smokefree Spaces: Response to Public Consultation (R.53/2014)

DATE:  19 March 2014

 

               

 

Title: Protecting children by extending smokefree spaces: response to public consultation

 

In response to the February 2014 report on the 2013 public consultation in Jersey, ‘Protecting Children from Second-Hand Smoke’, in consultation with the Council of Ministers I have made a policy decision to bring forward a States proposition to amend the Restriction on Smoking (Jersey) Law 1973.  Such an amendment to the primary law will be to enable the creation of Regulations to prevent smoking in motor vehicles carrying children under the age of 18yrs.

 

Introduction:

On February 20th the Health and Social Services department released a report on the findings of a consultation ‘Protecting our children from second-hand smoke’, conducted during 2013. Based on 2,966 consultation responses, very strong support (87% of respondents overall; 75% of smokers) was expressed for the States of Jersey to do more to protect children from smoking, and specifically for a legal ban on smoking in cars carrying children under 18 years of age (76% overall, 55% of smokers).  Many responders considered it the right of every child to be protected from the harms of second-hand smoke.

 

This finding is complemented by the results of the 2013 Jersey Annual Social Survey which concluded that 81% of islanders, including 66% of smokers, favoured a ban on smoking in cars carrying children.

 

Given the very strong public appetite for a change in the law to protect children in cars from smoke based on the Consultation Report as well as the JASS results, together with further supportive public responses and media reporting in the aftermath of the Report’s publication, it is evident that there is an expectation that political action will be taken.

 

Accordingly, I shall be responding to the voice of islanders by bringing forward, in the first instance, the necessary amendment to the primary law.

 

 

 

 

Deputy AE Pryke

Minister for Health and Social Services

 

 

 

 

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