Welsh Government - A Duty Of Care on Personal Vaporisers

So, the arguments and the controversy over the Welsh Government's proposed ban on the use of Personal Vaporisers (eCigs) in public places continues.

The Public Health White Paper consultation period ended on 24th June 2014. Surprisingly little has been heard coming out of the Welsh Government since that time - probably because they all about to go into their extensive summer recess.

In this blog, I am not going to go into the complete lack of evidence that there is any harm caused by Vaping. I, and many others, have covered that subject in previous blogs.

But this lull in the battle for the rights of vapers has given me plenty of time to think about how the Health Minister - Mark Drakeford - is slowly backing himself into a corner. Potentially, he is also leaving himself open to legal challenge and it is the legal challange that I am going to investigate here.

The Welsh Government brought in the ban on smoking in public places back in 2007. The rationale for the ban on smoking in public places was to protect non-smokers from inhaling the toxic fumes from cigarettes in the form of second hand smoke. However, by doing so, the Welsh Government have taken it upon themselves to have a 'Duty Of Care' in the eyes of the law. By taking the decision on whether to allow smoking away from the owners of such places (e.g. in a Pub), it meant that the owners of those places were simply obeying the law, therefore abdicating their 'Duty Of Care' in this matter to the Government.

Now the Welsh Government are at it again. Mark Drakeford wishes to ban the use of Personal Vaporisers in Public spaces and treat them exactly the same as tobacco cigarettes. Therefore, he is relieving owners of such public spaces of any duty of care (other than to enforce the law) and giving that duty of care to the Welsh Government.

So, let us look more closely at what that will mean in practice and in law.

If Mark Drakeford does bring in a ban on the use of Personal Vaporisers in public spaces, he will be forcing Vapers outside with the smokers. I accept the fact that 'some' Vapers are dual-users. That is, some people will use Personal Vaporisers in ADDITION to smoking normal tobacco cigarettes.

However, Vapers who use Personal Vaporisers EXCLUSIVELY are NON-SMOKERS. They do NOT expose themselves, or anyone else, to the carcinogens of tobacco cigarettes.

Given that the smoking ban was introduced to protect non-smokers from the effects of second-hand smoke, then by forcing Vapers outside with the smokers the Welsh Government is forcing some non-smokers (i.e. Vapers) to inhale second hand smoke from tobacco smokers. They are effectively abdicating their Duty Of Care to non-smokers who choose to use Personal Vaporisers.

Because the ban on smoking in public places is enshrined in law, then it becomes a matter of human rights. Vapers have as much right NOT to be exposed to the effects of second hand smoke as any other non-smoker. Thereby, by forcing Vapers outside with tobacco smokers, the Welsh Government will find itself in violation of the law - most likely the European Convention on Human Rights laws.

Furthermore, I do not believe that Mark Drakeford has thought through the consequences for his potential ban should any company produce a Personal Vaporiser that gains a Medical License. Any medically licensed Personal Vaporiser would automatically be immune from a ban in public spaces as it would be considered a medicine. It is already known that some companies are going down the path of seeking to produce a Personal Vaporiser that can get a Medicinal License. It may take some time before that happens, but it WILL happen at some point in the future. 

If Mark Drakeford cannot tell the difference between a tobacco cigarette and a Personal Vaporiser, then he has no chance whatsoever of telling the difference between a non-Medicinally Licensed Personal Vaporiser and a Medicinally Licensed one.

Of course we do not currently know if the Welsh Government will move forward with such a ban, let alone what format any such ban may take. But at the very least, any ban on the use of Personal Vaporisers in public spaces MUST take into account the rights of Vapers to also NOT be exposed to second hand smoke. He could mandate it by insisting that owners of public spaces provide areas that separate vapers from smokers. However, the majority of Pubs (for example) would be unlikely to be able to afford the expense of ANOTHER area outside separate from smokers. But then, if it becomes law that Personal Vaporisers cannot be used in Public Spaces, then the Duty Of Care will NOT lie with the owners of that public space, it will still reside with the Welsh Government.

So Mr Drakeford, before you plunge too far into your ideological and evidence-less based crusade into banning Personal Vaporisers from Public Spaces, think through the LEGAL implications of imposing such a ban.

Vapers are non-smokers and have the same rights as other non-smokers. Any ban on Personal Vaporisers in Public Spaces is highly likely to be in contravention of the ECHR as a result.

You took on a Duty Of Care when you banned smoking in public spaces. You cannot then abdicate such a Duty Of Care if you also impose a ban on Vaping in Public Spaces.

VAPERS ARE NON-SMOKERS. PROTECT THE VAPERS !!

Is the UK Medical Profession about to erupt in civil war ?

Just a short post today regarding the events of the last few days:

The 24th June 2014 was a very important day in Wales, for it is the day the Welsh Government Public Health White Paper Consultation period ended. I submitted my views several weeks ago. But this week saw three very important responses submitted.

First out of the blocks was the official response from ECITA through the seasoned pens of Katherine Devlin and Tom Pruen. As one can imagine, it was a mine of information and scientific fact in regard to the efficacy and health benefits of the eCigarette. It was an extremely impressive (and long) read. But well worth your while.

You can find it here: ECITA Response to the Welsh Government Public Health White Paper

Just wish I could write something like that !!

The following day, I was quite astonished to read a story on the ITV Wales website that covered the news that the Royal College of Physicians (Wales) was completely opposed to any ban on vaping in public spaces. I admit it had not occurred to me that the RCP would even bother to respond the Public Health White Paper, but they did and their opposition to it's contents both surprised and gladdened me.

You can read it here (complete with video of Professor John Britton explaining why they oppose the ban and why he thinks that ecigs are a public health prize): Welsh Doctors will not support Welsh Government ecig ban

Less than two hours later, ASH Wales also released their response to the White Paper for public consumption. Now, I didn't agree with everything they stated in their response. However, I did find their overall response both supportive and well thought out. They also oppose the ecig ban the Welsh Government are proposing.

I have made an open invitation to Elen de Lacey (Head of ASH Wales) to engage with me in regard to ecigarettes. In particular to discuss the points in the response that I did not agree with as I believe it is down to a misunderstanding of ecigs on their part. I also stand prepared to work with ASH Wales on future policy and guidance they may issue in regard to ecigarettes as I feel this in an important issue that must be properly thought out and got right.

You can read ASH Wales response here: ASH Wales response to Welsh Government Public Health White Paper

Then we came to today. Now I have to admit to feeling a little down (and even jealous) today as I read all the tweets from various people as they started they respective journeys over to the Global Nicotine Forum in Warsaw, Poland.

However, my blood began to boil when I read Tweets from the Trade Union known as the BMA that they had voted to treat ecigarettes as tobacco products and that they would lobby to have ecigarettes banned from use in public places in exactly the same way as tobacco cigarettes are banned.

Now this does not make any sense on a number of points, not least:

1.  eCigarettes do not contain any tobacco, therefore they are NOT a tobacco product
2.  To create smoke, one must have a combustible source. There is NO combustion in an ecigarette therefore it does NOT produce smoke, therefore it CANNOT be smoking
3.  The ecigarette is estimated to be 100-1000 times less harmful than a tobacco cigarette so why can't supposedly learned medical professionals get their heads around the fact that this is a massive Public Health prize ?
4.  Why is a TRADE UNION trying to influence medical policy in Central Government ?

Now there are any number of Tweets on the subject that followed the announcement by the BMA, but I am not going to bore the reader with them here. Suffice to say, that the well known TV Doctor Christian Jessen's response was short, conscise and to the point when he was asked what he thought of the BMA announcement when he said it was 'Despairingly idotic of them' !!

However, the BMA have now placed themselves in direct contradiction to the RCP. Which begs the question of what will happen next ?

Personally, I believe that any Doctor that recognises the potential Health prize that is the eCigarette, and supports them, should cancel their membership of the BMA forthwith as it is not representative of their views. That would potentially starve the BMA of millions in membership fees and drastically cut both it's numbers and its influence.

Whether that will happen remains to be seen. However, what is certain is that an almighty argument is brewing in the medical profession with the RCP on one side and the BMA on the other.

I know that my GP is fully supportive of my use of ecigarettes. He is delighted that I have kicked my former tobacco habit and has seen the massive improvement in my health. I was be asking his view of the BMA stance the next time I see him and will see how strong his feelings are on what they are doing.

One thing is for sure, we are going to be hearing a lot more about this over the coming days and weeks.

Mark Drakeford - What Planet Does He Live on ?

It has been quite a long time since I last wrote a blog entry, but reading the news headlines yesterday started me wondering about what planet the Welsh Government Health Minister - Mark Drakeford - actually lives on. Because everything I hear coming from the man's mouth beggars belief.

There has been a debate in the Senedd where Mark Drakeford was defending standards in the Welsh NHS and trying (unconvincingly) to show how the Welsh NHS is in good hands under his stewardship.

Everybody knows I am no fan of this man following his ideological crusade against eCigarettes, where despite all the evidence from esteemed medical professionals to the contrary, he is convinced that he knows better and that eCigarettes are a Gateway to smoking, a danger to health and must be stamped out at all costs.

So I decided to look back on the state of Health in Wales as has been reported in the Press this year. Unsurprisingly, it didn't take me very long to find a huge swathe of his failings. So, I decided to chronicle how well Health Services in Wales are doing under his stewardship.

Mark Drakeford states that people were “being treated faster and living longer” than the situation inherited in 1999 when the National Assembly was created. http://www.walesonline.co.uk/news/wales-news/welsh-nhs-better-devolution-insists-7290277

One look at the following news reports paints an entirely different picture.

Now I have to ask, reading all the below headlines that have occurred in just THIS YEAR, is this a man living with his head in the sand ?

Is he actually competent for the post he holds ?

Would you trust him ?

Make your own mind on how much ‘better’ Welsh Health is under his stewardship:

1.    Number Of Patients Waiting More Than 36 Weeks For NHS Treatment Reaches a New High – Reported on 09/01/2014

Full story here: http://www.walesonline.co.uk/news/wales-news/number-patients-waiting-more-36-6483486

2.    Health Minister Mark Drakeford accused of using outdated figures in hospital closure plans – Reported on 17/01/2014

Full story here: http://www.walesonline.co.uk/news/wales-news/health-minister-mark-drakeford-accused-6520455

3.    Welsh ambulance response time target missed again – Reported on 30/04/2014

Full story here: http://www.bbc.co.uk/news/uk-wales-politics-27221129

4.    Calls for full public inquiry into hospital care standards at Princess of Wales and Neath Port Talbot – Reported 31/01/2014

Full story here: http://www.walesonline.co.uk/news/wales-news/full-public-inquiry-call-princess-6650995

5.    WELSH patients needing hip replacements are waiting more than twice as long as people in England for their operations – Reported on 16/02/1014

Full story here: http://www.westerntelegraph.co.uk/news/11012951.Waiting_times_for_hip_replacements_set_to_go_up_again/

6.    Heart patients could be transferred from Wales to England to avoid waiting lists  - Reported on 26/02/2014

Full story here: http://www.walesonline.co.uk/news/wales-news/heart-patients-could-transferred-wales-6747461

7.    Waiting lists for heart and lung surgery reach 'record high' – Reported 04/03/2104

Full story here: http://www.walesonline.co.uk/news/health/waiting-lists-heart-lung-surgery-6767680

8.    Ann Clwyd warns of 'dangerously high' death rates – Reported 05/03/2014

Full story here: http://www.walesonline.co.uk/news/wales-news/jeremy-hunt-accuses-welsh-government-6775663

9.    'No compromise' on minimum nursing levels in Welsh hospitals, says Royal College of Nursing – Reported 07/03/2014

Full story here: http://www.thepennypost.co.uk/2014/03/07/no-compromise-on-minimum-nursing-levels-in-welsh-hospitals-says-royal-college-of-nursing/

10. Judicial review to be launched against Llanelli A&E closure plans – Reported 07/03/2014

Full story here: http://www.walesonline.co.uk/news/wales-news/judicial-review-launched-against-llanelli-6782786

11. Nearly 1,700 operations postponed in just five months due to lack of beds – Reported on 10/03/2014

Full story here: http://www.walesonline.co.uk/news/wales-news/nearly-1700-operations-postponed-just-6791035

12. Wales has disproportionately lengthy waiting times compared to the rest of the UK according to Nuffield Trust – Reported on 11/04/2014

Full story here: http://www.health.org.uk/public/cms/75/76/313/4746/The%20four%20health%20systems%20of%20the%20UK%20summary.pdf?realName=fQG84P.pdf

13. Cancer patients in England 7 times more likely to access cancer drugs than Welsh counterparts – Reported 01/05/2014

Full story here: http://www.welshconservatives.com/news/cancer-patients-england-7-times-more-likely-access-meds

14. Health complaints – numbers show significant rise across Wales since 2009 – Reported 02/05/2014

Full story here: http://www.careforumwales.co.uk/news/458

15. A damning report has found 'shocking' failures of care at two Welsh hospitals – Reported 13/05/2014

Full story here: http://www.walesonline.co.uk/news/wales-news/princess-wales-hospital-health-minister-7111151

16. Fresh calls for public inquiry into Welsh NHS from patients and families – Reported 20/05/2014

Full story here: http://www.walesonline.co.uk/news/wales-news/fresh-calls-public-inquiry-welsh-7147359

17. Senior doctors: Welsh GP service 'in crisis' – Reported 07/04/2014

      Full story here: http://www.itv.com/news/wales/story/2014-04-04/senior-doctors-welsh-gp-service-in-crisis/

The Punk and the eCigarette

Punk Vapers

A few evenings ago, I was lying in bed watching TV – and waiting to slowly drift off to sleep. When lo and behold, an old BBC Documentary appeared on the Yesterday Channel about the imminent arrival of Punk in the musical world.

I have never been a huge fan of Punk music (though it has to be admitted that it did have it’s moments), but I started sensing a feeling of déjà vu the more I watched this program. This was especially enhanced when film of parents protesting outside a Sex Pistols gig appeared on screen. At that moment I suddenly realised why I was getting that sense of déjà vu – especially when some middle aged woman exclaimed

‘THINK OF THE CHILDREN !!’

Sound familiar ? Well if you are an ecigarette user or advocate, that phrase should be VERY familiar to you !!

From that point on, I began to see the parallels between what was happening in society when Punk arrived, and what is happening today with the arrival of eCigarettes.

You see, the program started off by showing what was seen on Top Of The Pops every week in 1976. The problem was, the younger generation were bored by the music they were seeing on the Beeb. It seemed that ‘The Anointed’ were completely cut off from the grass roots and kept on trotting out the same old ‘safe’ stuff on TV that they believed all ‘wholesome’ people should be enjoying. The problem for the ‘The Anointed’ was that revolution was in the air. The kids were rebelling, and rebelling in their droves. No matter how much ‘The Anointed’ tried to ignore Punk, it just would not go away.

Up and down the UK, the kids were rallying in large numbers to the rebellious cry of Punk. Punk was loud, Punk was deliberately obnoxious, Punk was in your face. Above all, Punk was NOT going to go away !!

History will show that Punk finally won out by the end of 1976 and was finally starting to find its way into the national psyche and even on to national TV. It became such an irresistible force of nature – driven by the ‘rebellious’ younger generation – that it simply could not (and downright refused) to be ignored.

History also shows us that Punk did indeed give the music industry the ‘kick up the arse’ that it needed. Though the other established forms of music from the 70’s are still with us, it has to be acknowledged that Punk provided the impetus for the next generation of musical revolution. From New Wave to New Romantics, Grunge to Goth. Punk paved the way for those new forms of music to evolve.

Fast forward to 2014. Over the past 3-4 years, another underground movement has gradually been gaining traction. Like Punk, it too has been viewed by ‘The Anointed’ (in this case Public Health / Government etc) as a dangerous and rebellious movement that simply must be crushed. Of course I am talking about the eCigarette.

Unlike Punk, Vapers are not a disenfranchised youth bent on violence and destruction. Rather, Vapers cover the whole spectrum of ages and it is a grass-roots movement that has grown from the desire to have a safe way of enjoying nicotine.

Like Punk, eCigarettes have rumbled away quietly in the background gaining more and more support as time has passed and people have realised the benefits. 

Like Punk, eCigarettes have not been created or invented by 'The Anointed'. It has evolved away from their influence and that is precisely why 'The Anointed' both fear it and want it to go away.

Like Punk, eCigarettes have been viewed by ‘The Anointed’ first as a fad, then as something that will never come to anything. Just like Punk, ‘The Anointed’ have badly underestimated/misunderstood what it is all about.

So, in 2014, we arrive at a scenario which acutely mirrors the Punk movement’s emergence into the national psyche in 1976. ‘The Anointed’ have suddenly woken up to eCigarettes and do not like what they see at all. Belatedly, they are trying ever more desperate measures to try and discredit the eCigarette. Unfortunately for them, I believe that horse has already bolted.

eCigarettes have acquired a groundswell of support from all corners. Recent polls conducted by various organisations have found that there is very little opposition amongst the public to eCigarettes. Indeed, when the Welsh Government made noises about banning eCigarettes in public places, various polls found that more than 80% of the public were against such a ban.

Many eminent scientists and public health professionals have become convinced by the benefits and message of the eCigarette and rallied to the cause. Many more still need convincing, but the most obstinate opponents remain the political classes. The political classes ('The Anointed') remain hell-bent  on banning the eCigarette and try all manner of tactics to try and crush or discredit the eCigarette. The problem 'The Anointed' now have is that their cherry-picking of ‘evidence’ continues to blow up in their faces, because the general public are more clued-up in 2014. By visiting Social Media, forums or even plain old Google, they can instantly see all of the research and true facts and make their own minds up. Even when 'The Anointed' cherry-pick their so-called ‘evidence’, the public is able to get hold of the same research that 'The Anointed' have used and can easily discern the true picture for themselves. Thus, the lies are easily picked up and refuted.

I believe it is too late for 'The Anointed' to stop eCigarettes now. The evidence is all in favour of the eCigarette and it is now reaching the levels required by users, with support from advocates, that 'The Anointed' are beginning to realise that this is a battle they cannot win.

Just as ‘The Anointed’ of 1976 tried in vain (and failed) to stop the ‘runaway train’ that was Punk, I believe that 2014 will prove to be the year that the eCigarette finally breaks out fully on to the mainstream consciousness and becomes accepted as the norm, in the same way that Punk achieved by the end of 1976.

Yes, the eCigarette may still see some hiccups and barriers thrown up by ‘The Anointed’ in yet more futile attempts to stop it. But I believe that even those will be brushed aside. The evidence in favour of eCigarettes is stacking up ever higher on a daily basis. 2014 may finally be the year that the public wrested back control of their lives from ‘The Anointed’.

The public now realise how ‘The Anointed’ work. They are questioning everything that is passed down from ‘The Anointed’, and what the public sees it does not like.

So, there you have it.

Vapers are the ‘Punk Rockers’ of 2014.

Vapers have been belittled, dismissed, attacked and bad-mouthed. But the Vapers are still standing and still fighting for what they believe in. Like Punk, Vapers refuse to be bowed by ‘The Anointed’. Vapers are here and they are here to stay.

So what does the future hold as Vaping evolves ?   New Wave Vapers ?  Grunge Vapers ? LOL