Agenda item

Report of the Director of Public Health seeking agreement from the Committee to proposed  changes to the Council’s revised Smoking Policy.

The Committee considered the report on the Haringey Council Smoking Policy, as presented by Deborah Millward, Healthy Public Policy Officer. Following a refresh of the Council’s existing policy, the Committee was asked to approve a number of changes, as set out in the report.

The Committee expressed concern that the proposed policy did not allow for any designated smoking areas in the vicinity of Council property, and felt that this was unreasonable; Ms Millward confirmed that the proposed policy was in line with the Council’s corporate priorities, the work to support staff wellbeing and the Local Government Declaration on Tobacco Control, and had received strong support from the workforce boards who had considered the report as it was being developed. In response to a question from the Committee, it was confirmed that staff had not been consulted in the formulation of the policy, however it had been considered at the workforce boards, by Human Resources and by the Trade Unions. The Committee also expressed concern that it was draconian not to permit staff to smoke during paid working hours; it was confirmed that this was a point that the Chief Executive had been very clear about when the report had been considered at the Staffing and Remuneration Committee.

The Committee asked about the reference to criminal sanctions in the policy, and it was reported that this related specifically to breaches of the Smoke-Free (Premises and Enforcement) Regulations 2006 rather than the policy in general. It was confirmed that the policy applied to Members as well as employees and contractors working for the Council.

The Committee asked whether it was possible to see the formal comments provided by the Trade Unions with regard to the proposed policy changes – the Committee noted the engagement process as set out in the report, and the confirmation from officers that the policy had been co-designed by the Trade Unions, but felt that it was important to see the specific feedback from the unions in considering this policy.

In response to concerns from the Committee regarding the level of consultation with staff and Members, it was agreed that it would be useful for wider discussions with both these groups to be undertaken around the implementation of the policy.

The Committee asked about the areas covered by the policy, and it was confirmed that it related to workplaces such as office buildings and children’s centres – it did not cover areas such as parks. The policy set out a restriction on smoking within 20m of such workplaces, in order to prevent people congregating near Council buildings to smoke, and was in line with the promotion of the Haringey Values. The Committee expressed concern that it was not entirely clear who would be affected by the restrictions and when, as the definition of ‘working hours’ was different for different groups of staff, and that it would not be fair to impose sanctions on people when the policy itself was not sufficiently clear.

In response to a question from the Committee regarding the sanctions that could be imposed under the policy, it was noted that Fixed Penalty Notices or Court Fines of up to £200 were applicable specifically for improper disposal of cigarette stubs, but that general failure to comply with the smoke-free workplace legislation could lead to the instigation of disciplinary procedures, as set out in paragraph 9.1 of the report.

The Committee did not feel able to endorse the proposed changes to the policy until they had considered the response from the Trade Unions, and requested that the item be brought back to a future meeting of the Committee once this information was available.  It was also agreed that wider discussion with staff and Members on the implementation of the proposed policy be undertaken. It was noted that the report had previously been agreed by the Staffing and Remuneration Committee and would therefore also need to go back to that Committee.

RESOLVED

That the report be brought back to a future meeting of the Committee for consideration, and that the Committee be provided with the comments from the Trade Unions on the proposed policy changes.