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Jails not covered by smoking ban, Court of Appeal rules Bid to speed up prison smoking ban fails in Court of Appeal
(35 minutes later)
The legal ban on smoking in public places does not apply to state prisons in England and Wales, the Court of Appeal has ruled. The ban on smoking in public places does not apply to state prisons, the Court of Appeal has ruled.
Three judges allowed a government appeal against a High Court ruling that a ban introduced in 2007 covered all public places and all workplaces. Judges allowed a government appeal against a High Court ruling that the 2007 ban covered all public places and workplaces in England and Wales.
The government says it means a ban can be rolled out gradually "in a safe and secure way" rather than rushed through. The government says it means it can carry on with its plans to roll out a ban gradually "in a safe and secure way" rather than rushing it through.
An inmate who wanted quicker implementation had brought the case.An inmate who wanted quicker implementation had brought the case.
Smoking is currently allowed only in prison cells and exercise yards. He and some other prisoners and staff argue state prisons should never have been exempted from the 2007 ban on smoking in public places.
The government eventually intends to make all 136 prisons in England and Wales entirely smoke-free to reduce health risks to staff and inmates. Smoking is currently allowed in prison cells and exercise yards. The ban already applies to private prisons as they are not Crown premises.
Instability The government eventually intends to make all 136 state prisons in England and Wales entirely smoke-free to reduce health risks to staff and inmates.
'Absurd'
Paul Black, an inmate at HMP Wymott in Lancashire, complained that prison smoking rules were being flouted and should be made legally enforceable under Part 1 of the 2006 Health Act, which came into force in July 2007.
His lawyers told the hearings he suffered from a range of health problems due to frequent exposure to second-hand smoke, in particular on prison landings, in laundry rooms and in healthcare waiting rooms.
Black's health problems included hypertension and heart disease, the court was told, and other prisoners provided statements in support of his claim.
Sean Humber, head of human rights at law firm Leigh Day, which represented Black, said the ruling seemed "absurd" to their client and they would discuss an appeal to the Supreme Court.
Government lawyers had warned that a "particularly vigorous" ban could cause discipline problems and risk the safety of staff and inmates.
That warning was echoed by the Prison Governors Association, which is in favour of a ban, but has raised concerns about it potentially leading to instability in jails, given about 80% of inmates currently smoke.
BBC correspondent Daniel Boettcher said the smoking ban had already begun in prisons in Wales.BBC correspondent Daniel Boettcher said the smoking ban had already begun in prisons in Wales.
He said those who had wanted this to happen a great deal quicker took the matter to court, arguing that the 2007 ban should by now be enforced across the prison estate.
That was rejected by the Court of Appeal after government lawyers warned that a "particularly vigorous" ban could cause discipline problems and risk the safety of staff and inmates.
That warning has been echoed by the Prison Governors Association, which is in favour of a ban, but has raised concerns about it potentially leading to instability in jails, given about 80% of inmates currently smoke.
A Prison Service spokesman said: "The result of this appeal means we are able to roll out smoke free prisons in a safe and secure way.A Prison Service spokesman said: "The result of this appeal means we are able to roll out smoke free prisons in a safe and secure way.
"Our careful approach will ensure staff and prisoners are no longer exposed to second-hand smoke, while not compromising the safety and security of our prisons.""Our careful approach will ensure staff and prisoners are no longer exposed to second-hand smoke, while not compromising the safety and security of our prisons."
In Scotland, prisoners are allowed to smoke in their cells and in some open-air areas. Prison staff are not allowed to smoke anywhere.
A Scottish Prison Service spokesman said they were developing plans to deliver smoke-free prisons in Scotland, but no timeframe for this was available.
The Northern Ireland Department of Justice said it had no plans to change the current rules, under which smoking is permitted in prison cells and certain open spaces.