Health (Tobacco, Nicotine etc. and Care)(Scotland) Bill - Call for written evidence

 The Health and Sport Committee issued a call for written views on the Health (Tobacco, Nicotine etc. and Care)(Scotland) Bill on 3 July 2015.

The Bill was introduced in the Parliament on 4 June 2015 and the Health and Sport Committee has been designated by the Parliament as the lead Committee. 

The stated policy objective of the Bill is to make provision about tobacco, nicotine and related products, in particular to make provision about retailing, to amend the prohibition on smoking in certain areas and to control advertising and promotion; to make provision about a duty of candour following serious incidents in the course of providing care; to make provision about offences applying to ill-treatment or neglect where care is provided, and for connected purposes. 

There are three key parts to the Bill. These are described briefly below. 

  1. Nicotine Vapour Products and smoking in hospital grounds – The Bill will introduce restrictions on the sale of nicotine vapour products (NVPs) such as e-cigarettes and shisha pipes. These restrictions will include; a minimum purchase age of 18, prohibiting the sale of NVPs via vending machines, requiring NVP retailers to register on the tobacco retailer register, prohibit ‘proxy-purchasing’ for under 18s, restrict domestic advertising and promotions, implement an age verification policy for the sale of NVPs and ban staff under the age of 18 from selling tobacco and NVPs. The Bill would also make it an offence to smoke in parts of hospital grounds
  2. Duty of Candour – The Bill proposes to place a duty of candour on health and social care organisations. This would create a legal requirement for health and social care organisations to inform people (or their carers/families) when they have been harmed as a result of the care or treatment they have received.
  3. Ill-treatment and willful neglect – The Bill would establish a new criminal offence of ill-treatment or willful neglect which would apply to individual health and social care workers, managers and supervisors. The offence would also apply to organisations

Organisations and individuals are invited to submit written views to the Committee in relation to the inquiry remit. Those submitting views should feel free to address the issues in whatever manner they prefer, but it would be appreciated if they could attempt to address the questions set out below—

NVPs and smoking in hospital grounds
1. Do you support the Bill’s provisions in relation to NVPs?
2. Do you support the proposal to ban smoking in hospital grounds?
3. Is there anything you would add/remove/change in the Bill with regards to NVPs or smoking in hospital grounds?
Duty of candour and willful neglect
4. Do you support the proposed duty of candour?
5. Do you support the proposal to make willful neglect or ill-treatment of patients a criminal offence?
6. Is there anything you would add/remove/change in the Bill with regards to these provisions?


How to submit your evidence

Before making a submission, please read our Policy on Treatment of Written Evidence by Subject and Mandatory Committees.

Please send your views on the Bill by no later than 5 August.

Responses should be sent, wherever possible, electronically and preferably in MS Word format to:

[email protected]

Hard copy responses may be sent to:

Health and Sport Committee, T3.60, Scottish Parliament, Edinburgh EH99 1SP

Ideally, responses should be no more than four sides of A4 in length.

All written evidence received may be published by the Parliament and will be treated as a public document. If you wish to submit evidence in confidence or anonymously please read the policy at the link above or contact Jane Williams, details below.

What happens next?

The Committee will be taking oral evidence in September from a range of organisations. . Further selection of witnesses will be informed by written evidence received.


Should you require alternative formats of this information or further assistance in making a written submission to the Committee, please do not hesitate to contact the clerking team of the Committee.

For Committee information, contact: Jane Williams, tel 0131 348 5210, email: [email protected]

For media enquires, contact: Kirsty Rimmer, tel 0131 348 6085 email: [email protected]

For public information enquiries, contact: 0131 348 5000

For general enquiries, contact: 0845 278 1999 (local call rate), email: [email protected]



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