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Legislative Council - Fifty-First Parliament, Second Session (51-2)
2007-11-21 Daily Xml
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TOBACCO PRODUCTS REGULATION (OUTDOOR EATING AREAS) AMENDMENT BILL

Second Reading

Adjourned debate on second reading.

(Continued from 12 September 2007. Page 680.)

The Hon. R.P. WORTLEY (21:13): The government does not support the measures proposed in this bill. A total ban on smoking came into force across all enclosed areas within hospitality venues on 1 November 2007. This measure is the accumulation of five years of planning, extensive public and stakeholder consultation and phased-in implementation. This process has been thorough and has had excellent stakeholder support.

A great deal of time and effort has gone into working with pubs, clubs and the casino, including the creation of the hospitality taskforce, made up of industry and health peak bodies, which advised on the current legislative measures banning smoking in all enclosed areas. Any further changes to smoking laws affecting hospitality venues at this point would introduce an unnecessary level of complication to the process of industry complying with current legislation and would damage the cooperative relationship developed between the broad range of stakeholders in South Australia.

This year's World No Tobacco Day theme, which is promoted by the World Health Organisation, is 'smoke-free inside', in recognition that going 100 per cent smoke free is the only effective measure to protect people from passive smoking exposure. This is very timely, given that 2007 sees the implementation of the final phase of the South Australian smoke-free laws for all enclosed workplaces and hospitality venues.

A comprehensive media campaign was introduced in October, including a television and radio advertising campaign, which was created to announce the changes. Introducing further legislative change will confuse the message being delivered to the public announcing the end of temporary exemptions to enclosed areas. The Hon. Dennis Hood states that this bill is based on the Queensland model. Addressing smoking in outdoor environments is complex and requires a thorough and scientifically based approach that takes into account a range of issues rather than dealing with one aspect at a time.

Any further changes to the Tobacco Products Regulation Act 1997 in respect to banning smoking in outdoor areas would first require extensive consultation with the hospitality industry. Clearly, this has not occurred prior to the introduction of this bill. The government does not support the bill which deals with only one aspect of smoking in outdoor areas and which will jeopardise the progress currently being made in South Australia. This government is committed to ensuring that current legislative measures are implemented and are working effectively.

The Hon. J.M.A. LENSINK (21:16): I rise reluctantly to advise that the Liberal Party will not be supporting this measure, although I congratulate the honourable member on bringing the initiative to this chamber. I remind the council that I supported a similar proposal in the tobacco products amendment bill of 2004 that was put to this council previously, which suggested that 50 per cent of outdoor eating areas should be reserved for non-smoking people.

I have consulted with some relevant organisations, including the Restaurant and Catering Association and the Australian Hotels Association. Having listened to the previous speaker, he has outlined that, in terms of tobacco legislation, the hotel sector is undergoing probably the most significant changes that it has undertaken in its history, in that people will no longer be able to smoke in the vast majority of the areas within the hotels, and to that I say, hear, hear! It is a shame that we received the wooden spoon award as the last state in Australia to adopt that measure.

I do have sympathy for this proposal. As somebody who likes to sit outside, I do not enjoy inhaling—

The Hon. R.P. Wortley interjecting:

The Hon. J.M.A. LENSINK: Not at all. I do enjoy sitting outside. In fact, I have been inhaling other people's smoke in the lift on the way down, which was not a very pleasant experience. However, I appreciate the difficulties of the Hotels Association and the work that its members have had to undergo in instituting the current bans which came into force on 1 November.

The Restaurant and Catering Association has also written back to me, and I think it has quite a number of germane arguments. In her response, Sally Neville, the CEO, states:

Under the proposed amendment, a business would need to restrict outdoor areas...If all the non-smokers are inside the restaurant, and all the diners that want to sit outside are smokers, the restaurateur will be forced to refuse them... this would become unworkable for the staff and operators.

So, in fact, staff who may have minimal training or who are employed on a casual basis will be required to enforce these rules and, I think, that will create some difficulty for them. I think the proposal is well-intentioned, but a whole range of difficulties present themselves in its implementation. Therefore, we are unable to support it at this time.

Debate adjourned on motion of Hon. J.S.L. Dawkins.

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