Welsh Government: smoking outside school gates is NOT illegal

As you may know, a new smoking law has been introduced in Wales and will be enforced from Monday (March 1).

The legislation bans smokers from lighting up on hospital and school grounds, in children's parks and play areas.

I think Forest was alone in opposing the legislation and it's not because we condone people lighting up in children's play areas or on school grounds.

It's because we object strongly to the suggestion that smoking is the open air is a threat to anyone else's health, including young children.

We also believe a ban – enforced with the threat of a £100 fine – is unnecessary because so few people do smoke on school grounds or in children's parks and playgrounds.

It's a few years ago now but in July 2016 Forest commissioned an analysis of smoking incidence in four parks across London – Queen’s Park, St James’ Park, Victoria Park and Queen Mary and Mile End Park – in order to assess how prevalent smoking is in these outdoor spaces.

The research – which was commissioned in response to suggestions that smoking might be banned in London's parks – found that the number of people smoking in the four parks under observation represented an insignificant proportion of visitors, comprising an average (weighted) of 1.6 per cent of total park visitors.

Those parks were open to all, children and adults alike. It's fair to assume, I think, that the proportion of people smoking in children's parks and play areas would have been even smaller.

Unfortunately we don't know because I am unaware of any research that has been commissioned to study the proportion of adults who smoke in children's play areas.

Despite that, we are led to believe that the issue is serious enough to warrant legislation that effectively stigmatises all smokers.

This is a classic case of government intervening when it has absolutely no need to. It's either virtue signalling or the actions of a government that has nothing better to do.

The ban on smoking in cars carrying children was another example. In reality, very few people were still doing it when the legislation was introduced so it's no surprise that the number of subsequent prosecutions can be counted on the fingers of one hand.

Of course, the real reason for legislation like this is not to 'protect' children from the 'threat' of passive smoking outdoors (or even the sight of someone smoking) but to continue the denormalisation of a legitimate habit.

It's also a useful stepping stone to banning smoking in all parks or anywhere where a child might conceivably be present.

It's an open goal for anti-smoking campaigners and politicians because, well, think of the children.

Even many smokers think, "What's the problem? I don't smoke in children's playgrounds so it's not going to affect me."

If smoking bans went no further than children's play areas I wouldn't mind but that discussion is never on the table. As soon as one ban is introduced the anti-smoking industry looks to extend it.

However, one interesting thing has been reported this morning.

When anti-smoking campaigners have talked about banning smoking outside schools most people have assumed this includes not only the playground but 'outside the school gates' where parents often gather to collect their children.

This has always struck me as a bit odd. Most school grounds are owned by the school or the council. But outside the school gates? That's the public road, surely?

Although the thought has crossed my mind many times I've never thought to question it publicly.

However, following a discussion on Loose Women this week, the Welsh Government has been forced to clarify the position and according to North Wales Live:

It was recently reported that parents would even be fined for smoking outside the school gates - rather than just on school grounds - which prompted discussion on ITV's Loose Women.

North Wales Live approached the Welsh Government to get clarification on the upcoming regulations ahead of their introduction on Monday, to see whether it will cover parents smoking outside school gates.

A spokesperson confirmed to us that the smoke-free requirement - said to be the first of its kind in the UK - doesn't include areas located outside school gates, and only those within the boundary are subject to the rules.

They explained: "The legislation only extends to school grounds. There are no smoke-free requirements outside the school gates."

The spokesperson said that pavements outside the gates aren't owned by school themselves so any restrictions would need to be voluntary or introduced by councils.

Needless to say ASH Wales isn't happy and is 'encouraging additional measures'.

How predictable. Yawn.