The gap between the government and the ruling parties over secondhand smoke prevention measures has been widening. The Health, Labor and Welfare Ministry aims to join the international trend toward a total indoor smoking ban by strengthening restrictions in restaurants and other places. However, cautious views on the ban against a backdrop of opposition from the restaurant industry are growing within the Liberal Democratic Party. While the government plans to submit a bill on a smoking ban during the current Diet session, whether the government and the ruling bloc can reach an agreement on the matter remains unclear.
Passive smoking refers to the inhaling of smokers’ tobacco smoke by nonsmokers at restaurants, offices or other such places. It is said that the inhaling of such smoke could increase the risk of lung cancer and stroke by 1.3 times, and sudden infant death syndrome by 4.7 times. The Health Promotion Law enforced in 2003 includes moderate allowances toward the prevention of secondhand smoke, but the health ministry believes the current non-compulsory measure has limited effectiveness and is considering an amendment to the law.
According to the proposed measures released by the health ministry on March 1, new regulations would include 1) a smoking ban on the premises of medical facilities, elementary and junior high and high schools, 2) an indoor smoking ban for universities, elderly care facilities, gymnasiums, government and municipal offices, buses and taxis, with designated smoking rooms not being allowed, and 3) an indoor smoking ban for assembly halls, restaurants, offices, and train cars, allowing for the establishment of smoking rooms.
Smokers who violate the law would face fines of up to ¥300,000, while facility administrators would face fines of up to ¥500,000. The government aims to enforce the law before the period of the Rugby World Cup, to be held in September 2019, after a two-year get-acquainted period.
The ministry’s proposed measures are in accordance with the operational guidelines of the World Health Organization’s Framework Convention on Tobacco Control. However, the guidelines call for indoor bans in public places and do not allow for the establishment of smoking rooms.
Regarding secondhand smoke measures, Japan remains at “the lowest implementation level in the world.” The health ministry aims to “get closer to international standards before the time when the Tokyo Olympics and Paralympics are held in 2020.” According to the ministry, since 2008 when the Beijing Olympic and Paralympic games were held, host cities, including Pyeongchang, South Korea, which hosts the Winter Games in 2018, have introduced measures against secondhand smoke including fines and most have fully banned indoor smoking.
The WHO divides public places into eight categories (medical facilities, non-university schools, universities, administrative buildings, offices, restaurants, bars and public transit), and has released a ranking of countries based on how many categories are subject to indoor smoking bans. According to the ranking, 49 out of 188 countries, including Britain, Russia and Brazil, have bans for all eight categories. Japan falls in the group of 70 countries such as Malaysia with bans for between 0 and 2 categories.
Japan remains lowly ranked as it does not have a law to impose an indoor smoking ban, only having promoted separation of smoking areas. Health Minister Yasuhisa Shiozaki argues: “Many advanced countries have thorough measures. We should keep in mind how Japan looks from the outside.” If the ministry’s proposed measures become law, an indoor smoking ban will apply to medical facilities, elementary, junior high and high schools, universities and public buildings. It could move Japan up one rank higher.
Regarding restriction in restaurants, many countries face difficulties like Japan. For example, Berlin has introduced measures in which smoking-friendly restaurants should be less than 75 square meters, off limits to those under 18 years old, and can serve only food which does not need to be cooked to prevent children and pregnant women from entering. In South Korea, smoking is allowed only at some types of establishments such as bars.
Restaurants in most countries appear to worry smoking bans may keep away customers, but the WHO’s International Agency for Research on Cancer emphasizes, “Legal total smoking bans imposed on restaurants and bars do not lead to decreased sales and profit for them.”
The health ministry’s proposed measures have polarized opinion among the ruling and opposition parties. While the “Yes” side argues that the ministry’s proposed measures are good enough, the “No” side says that smoking is a matter of manners and should not be regulated by law.
“If we don’t do something, we will make a fool of ourselves in front of the world,” said Hidehisa Otsuji, a former health, labor and welfare minister and chairman of a cross-party caucus that aims to implement secondhand smoke prevention measures before the Tokyo Olympic and Paralympic Games.
The caucus met Shiozaki on March 15 and pressed for the strengthening of rules, arguing, “80 percent of people are non-smokers, and we should prioritize the health of the 80 percent.” It is calling for smoking bans in all restaurants, including bars and small drinking establishments known as “snacks.”
However, within the LDP, supporters appear to remain in the minority, and it is believed that as much as 90 percent of LDP members are against it while just 10 percent are supporters.
About 100 members from the tobacco caucus, chaired by Takeshi Noda, gathered on March 7 and insisted that “tobacco is legal, but [the health ministry’s proposed measures] treat it as if it were an illegal drug.” The tobacco caucus released a counterproposal that would allow each restaurant to decide whether to ban smoking and indicate their policy at the entrance.
Strong opposition from the restaurant business circles in legislators’ constituencies has given the opposition group in the LDP a burst of momentum. One lawmaker confesses that a senior person from the restaurant business industry told him they will be out of business under a smoking ban. Previously, some legislators who had tobacco farmers in their constituencies used their influence for tobacco policies. This time, the involvement of the nationwide restaurant business industry has led to wider opposition.
Given this situation, the health ministry amended its initial measures to regard “small-scale bars and ‘snacks’ that primarily offer alcohol” as an exception for the smoking ban. While it will also allow existing smoking rooms to be maintained for five years after the introduction of the ban, opposition does not appear to be subsiding.
Komeito, the junior coalition partner of the LDP, has also failed to define its position. While party leader Natsuo Yamaguchi is positive about the introduction of smoking bans, saying, “We need to introduce laws acceptable by international standards,” some members argue that they do not need to decide their position until the LDP decides its own.
Within the ruling bloc, some are pessimistic about the enactment of the bill during the Diet session, saying, “If every group is just trying to get what they want, the bill cannot be enacted.”(Takafumi Yamasaki / Yomiuri Shimbun)
Link: http://the-japan-news.com/news/article/0003607515
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