As has been widely reported, sections 1 to 12 of the Health Act 2006 came into force this morning, in effect introducing a ban on smoking in enclosed public places – including pubs, bars, caffs and restaurants as well as offices, galleries and so on.

Apparently a group called “Freedom2Choose” claims that the smoking ban breaches human rights legislation. How unspeakably tiresome! This is obviously wrong.

Parliament’s Joint Committee on Human Rights also claimed an earlier aspect of the government’s policy breached the Human Rights Act (see paras. 1.38-1.41 of its report, here), in one of its silliest moments. To think a smoking ban like this could be held in breach of human rights laws because of a failure to protect one category of workers, whereas to give no protection to any http://www.gooakley.com/ workers at all would be permitted… well, I’m not sure what the right word is for that kind of legal analysis. Amateurish, perhaps? Barrack-room? Daft? Anyway, even the JCHR in that report thought the smoking ban complied with human rights law in every other respect. And I’ve not noticed any human rights difficulty in Ireland, or indeed in France. Pah!

“Freedom2Choose” explain their judicial review claim here. I not only think they’re misguided and wasting their money. I also think this kind of nonsense is deplorable and should be stopped, or else human rights legislation truly is in danger of being discredited. One of the main reasons why the Human Rights Act is often criticised is the feeling that individuals and groups can use it to make any kind of far-fetched, ludicrous claim, in the attempt to overturn common-sense and necessary policies, and be taken seriously. The government responded last summer by launching a strategy to debunk “myths” like this that have Ray Ban outlet grown up about human rights.

But there will be no myth, and people’s fears about human rights law will not be misplaced or ignorant, if the courts have any truck at all with nonsense like this. I hope a strong-minded judge throws the claim out of the high windows of the RCJ – with a smash.

If he really has advised that this is “a serious challenge worthy of success” then I think Jaswinder Gill of Ormerod’s solicitors probably needs a holiday. I note his reasoning in this report differs substantially from the basis of the claim given on the “Freedom2Choose” website; and I wonder what advice Richard Gordon QC will give them.

2017-03-18T06:15:34+00:00Tags: , |