At last I know who they sent Consultation Forms to and does it look as though they tried to involve you and me -- THE PUBLIC (NOT)

The Cabinet Office code of practice demands -  Documents should be made widely available, with the fullest use of electronic means (though not to the exclusion of others), and effectively drawn to the attention of all interested groups and individuals.

Department of Health EmailTrail

Sent: 05 May 2006 05:37
To: HEWITT, Patricia
Subject: Applause for the Government
Dear Mrs Hewitt
I'm proud to be British where freedom and tolerance are the cornerstone of Democracy. Britain is its people --------- all of its people with their individuality, strengths and weaknesses.
So what next? Britain is looking forward to a Total Smoking Ban in all Public Places. Despite a lack of overall approval and a manifesto promise of regulation the government insist on a total ban.
The total ban is a simplistic solution and, as such, fails to anticipate inevitable ramifications.
Politicians chose to take on a difficult job but can they learn from Ireland and Scotland?

a) Applaud the fact that there has been little trouble but as is well acknowledged, smokers are tolerant people.
b) Applaud the fact that the Public House licensee has lost the freedom to choose what he offered and who his customers are.
c) Applaud the fact that over 600 mainly rural pubs have closed in Ireland.
4) Applaud the fact that some licensed premises are maintaining their trade but only because they change their identity to satisfy a new customer base.
5) Applaud the fact that smokers stand outside licensed premises in full view of children.
6) Applaud the fact that accommodating smokers in outside spaces will encourage increased energy usage.
7)Applaud the fact that groups outside largely empty establishments will
inconvenience pedestrians
8) Applaud the fact that football fans, previously controlled indoors now spill out onto the streets in full view of rival fans.
9) Applaud the fact that drink sales have risen in Ireland although wet
sales have fallen. More drinking occurs away from the control of the public house.
10) Applaud the fact that families will no longer enjoy beer gardens now filled with smokers no longer welcome indoors.
11) Applaud the fact that venues will enjoy aromas never previously noticed. Aerosols and air fresheners will introduce a mass of new pollutants.
12) Applaud the fact that in inclement weather smokers will be removed from view and remain at home imposing smoke upon children.
13) Applaud the loss of a British tradition, the focus of social interaction and the subsequent damage to communities.
14) Applaud the fact that the social comfort and camaraderie of the local will be removed for many lonely members of society.
15) Applaud the fact that winter and inclement weather will exacerbate isolation in the community.
16) Applaud the fact that increased loneliness will kill yet happiness is an essential for life.
17) Applaud the fact that a further erosion of their heritage is the reward for those very people who created and supported a true Labour Party.
18) Applaud the fact that smokers, in their own homes, might avoid smoking for hours while waiting for trades people to arrive in a smoke-free atmosphere.
19) Applaud the fact that citizens are no longer trusted to make their own life decisions.
20)Applaud the fact that sick and infirm old people must brave all weathers to struggle outside to smoke.
21) Applaud the fact that Labour's 'inclusive Society' excludes smokers .
22) Applaud the fact that you have damaged Britain.

You have ignored what smokers and tolerant non-smokers are. They are not violent. They are sociable. They are reasonable. They are an integral part of society.
They also think and, in the fullness of time, will ensure that their opinion is heard and truth revealed. The frailties of intransigent leadership and fear of open democracy will take their place in history alongside the demise of a party that grew upon the strength of the people you now persecute.
It's not too late. Despite your 'expert's ' advice smokers and non-smokers can be accommodated in adult venues.
The real problem is accommodating extremists such as anti-smokers.
Yours faithfully

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Rec'd Wednesday, May 10, 2006 3:58 PM
Dear Sir/Madam,
Thank you for your recent email enquiry to the Department of Health regarding the ban on smoking in enclosed public spaces.  As you will appreciate, Ms Hewitt receives a large amount of correspondence and cannot answer all of this mail personally.  Your letter has been passed to me for reply.
We introduced the Health Bill into Parliament on 27 October last year.  The measures in this Bill will make smoke-free places the norm and deliver real benefits as part of the Government's commitment to reduce smoking and to cut the number of smoking related deaths. 
Following the introduction of the Bill, we listened to many different views inside and outside Parliament on restricting smoking in public places, especially in relation to pubs and membership clubs.   As a result of taking into account people’s views, we put forward revised proposals amending the Bill to a free vote of the House of Commons on 14 February.  
The Commons agreed by a very large majority to end smoking in virtually all enclosed public places and workplaces.  This means every pub, club, café, restaurant, shopping centre, council office, hospital, factory and more will be smoke-free from the summer of 2007.  This measure will protect millions of workers, consumers, shoppers and travellers from other people's second-hand smoke.
The Bill is a huge step forward for public health and will help to reduce deaths from cancer, heart disease and other smoking related diseases.  Not only will we be protecting non-smokers;  we will also provide smokers with an environment where it is easier to give up. 
You can find the Bill at:
www.publications.parliament.uk/pa/ld200506/ldbills/076/2006076.htm
By bringing forward the implementation of the ban to 2007, we are ensuring that the benefits will reach the public sooner.  The impact will be monitored from the outset, with a full review completed at the end of three years. 
I hope the Bill will be recognised as a major step forward in protecting people from second-hand smoke and improving the health of the nation. 
Thank you once again for your views on this matter.
Yours sincerely,

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Dear Mr Clarke  

Many thanks for your response and your assurance that my concerns have been noted. This is quite wonderful but I gained no comfort from your bland reply.   I am now led to ask a number of specific questions to which I would appreciate specific answers  
1. You state that the Bill was introduced into Parliament on 27 October 2005 and was intended to make smoke free places the norm. When did Government decide that 'Smoke Free places would be the norm'?   You state "Following the introduction of the Bill, we listened to many different views inside and outside Parliament on restricting smoking in public places, especially in relation to pubs and membership clubs."  Again this invites a number of specific questions.
2. What action was taken to ensure that fair and proportionate views were invited?
3. What groups/individuals did the DoH invite opinion from?
4. Who were those 'people' whose views you say were taken into account in the 4 months leading up to the proposals introduced into Parliament on February 14th 2006?
5. Smokers comprise 25% of the population and one would expect proportionate representation. As far as I can determine anti-smoking groups gave evidence, some trade groups were listened to and even FOREST were given a chance to make representation but which smokers, those people that are most affected by the restrictions, were asked or listened to?
5. Please provide details and the declared interests of those individuals/groups who comprised the Select Committee that decided the final form of the Bill?
6. Please provide details of published minutes relating to the amendments to the October Bill.
7. The Government's manifesto suggested restrictions on smoking. When was the term 'Restrictions' changed to 'Ban' 8.  You wrote "we will also provide smokers with an environment where it is easier to give up."  What provision is there in the Bill for the 5 million plus smokers who have not given any indication of wishing to give up smoking?
9. Your claim 'The Bill is a huge step forward for public health and will help to reduce deaths from cancer, heart disease and other smoking related diseases.' is quite laudable but I ask what research has been done to anticipate adverse effects of the ban?.
10. Is there, in your vast resources, any study into the social, health, community benefits of rural/community public houses and clubs? Please provide details if there is such a study.  
I look forward to your detailed reply Yours

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Rec'd Thursday, May 11, 2006 5:11 PM
Thank you for your reply.
I should refer you to the Consultation response and suggest you read this for your own satisfaction:
http://www.dh.gov.uk/assetRoot/04/12/36/21/04123621.pdf
Over 14,000 responses from individuals and organisations alike were received during the consultation period.
The original consultation paper can be found at: http://www.dh.gov.uk/assetRoot/04/11/37/20/04113720.pdf
I hope you find this helpful.
Yours sincerely,
Kevin Clarke
Department of Health

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Sent: Friday, May 12, 2006 3:32 AM
Dear Mr Clarke
Many thanks for your links to appropriate documents which I have read and
again ask for information: -
1. How were the Consultation documents promoted to ensure that they were
widely available and effectively drawn to the attention of all interested
groups and individuals?
2. What groups and individuals did the DoH invite opinion from?
3. Has the DoH research documents detailing the health effects of social
deprivation and isolation in the community?
Regards

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Dear Sir
I await you response to message dated May 12 2006
Yours faithfully
C D Broscomb

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Thank you for your reply to the Department of Health about last year’s consultation on smoking in public places.
Your email has been forwarded to officials within our Tobacco unit.  As the Health Bill is currently before the House of Lords, there has been an unfortunate delay in responding to your query; however, I have been assured that you will receive a reply shortly.
I hope this information has been of help, and thank you for your patience in this matter.
Yours sincerely,
Alistair Davie
Department of Health

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Rec'd 27 June
Thank you for your ongoing correspondence with regard to the ban on smoking in enclosed public spaces.
Please accept my apologies for the delay in your receiving this reply.
For all information held by the Department concerning the consultation, please consult the following response online:
http://www.dh.gov.uk/assetRoot/04/12/36/21/04123621.pdf
Thank you for your enquiry and I hope this settles the matter.
Yours sincerely,
Kevin Clarke
Department of Health

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Sent 27 June
Dear Sir, You have failed completely to answer my requests and simply pointed me in the direction of the RESULTS of a suspect consultation process. I ask again:
1. How were the Consultation documents promoted to ensure that they were widely available and effectively drawn to the attention of  all interested groups and individuals?
2. What groups and individuals did the DoH invite opinion from?
3. Has the DoH research documents detailing  the health effects of social deprivation and isolation in the community?
Regards--------------------------------------------------------------------

Rec'd 28 June
Thank you for your email of 27 June to the Department of Health about last year’s public consultation on smoking in public places.
The Department of Health sent print copies of the consultation to a number of organisations in order to invite opinion.  The consultation document was publicly available from the Department’s website and the consultation itself received wide coverage in the national press.  The consultation was carried out in full compliance with the Cabinet Office’s code of practice on consultation, which is available online.  I have included a link to the code below:
http://www.cabinetoffice.gov.uk/regulation/consultation/code/
The results of the consultation were balanced against extensive research from public opinion surveys, including from the Office of National Statistics (ONS).  To my knowledge, the Department of Health did not conduct specific research for the consultation on the health effects on social deprivation in the community, as smoking is considered to be a personal choice and not one contributing to social deprivation.
For your information, I have attached a list of the organisations which were sent a copy of the consultation on which to comment with this email.
I hope this information has been of help.
Yours sincerely,
Alistair Davie
Department of Health