Tobacco Bill: SC to consider six petitions

Wasantha Ramanayake

COLOMBO: The Supreme Court will consider six petitions challenging the new regulations banning smoking in public places, today.

The Bench will comprise Chief Justice Sarath N. Silva PC, Justice Mrs. Shirani Thilakawardane and Justice Nimal Gamini Amaratunga.

The court will determine the constitutionality of the revised Bill titled "The National Authority on Tobacco and Alcohol" that sought to introduce new regulations to curb smoking in public places.

The petitioners including the Ceylon Tobacco Company, Trans Asia Hotel, Blue Oceanic Hotel and Pearl Beach Hotel cited the Health Minister Nimal Siripala de Silva and Attorney General as respondents.

The petitioners stated that the Health Ministry in the revised Bill titled "The National Authority on Tobacco and Alcohol" to curb smoking in the "enclosed public places". The Tobacco Company stated that due to the new regulations contemplated, the company would lose 15 per cent of its business amounting to 4.5 billion rupees. The CTC stated that tobacco cultivation, importation and cigarette manufacturing were legal business and the ban would be in violation of its rights.

The CTC also stated that the new regulations would affect 115,000 persons who were directly and indirectly involved in the industry.

Three hotels contended that the definition of the "enclosed public areas" was ambiguous and would include the separate smoking areas and smoking floors in hotels.

They stated that new regulations would criminalise the guests who would use those separate areas for smoking.

In terms of the new regulations not only patrons but also owners\managers of the hotels too would be liable for if their guests smoke in the "enclosed public areas" including the separate smoking areas even with out their knowledge.

They sought a declaration that the new regulations if enacted would be in violation of the Constitution.