Submissions
Smoke-free Regulations Consultation
Health Improvement Directorate
Department of Health
Room 712, Wellington House
133-155 Waterloo Road
London SE1 8UG
2 October 2006
Dear Sir/ Madam
SMOKE-FREE PREMISES AND VEHICLES: CONSULTATION ON PROPOSED REGULATIONS TO BE MADE UNDER POWERS IN THE HEALTH BILL
Equity is a trade union representing 37,000 performers and other creative professionals working in the UK. Our members work in a range of areas including theatre and live performance, as well as film, television and radio. It is Equity policy to support a ban on smoking in all places where our members work, except in cases where performers are required to smoke for artistic purposes.
To that end we have supported the arguments for a narrow exemption to be included within the regulations to allow smoking by performers in theatre, film and TV production where smoking is integral to the performance.
In particular we have ensured that our comments have been noted in submissions on this matter from the TUC - and have had sight of the submission to this consultation by the Society of London Theatre/ Theatrical Management Association (SOLT/ TMA), which we support wholeheartedly.
A summary of Equity's ongoing concerns are outlined below.
EXEMPTION FOR PERFORMERS
We welcome the proposal that, where artistic integrity of a performance makes it appropriate for a person in a performance to smoke, the part of the premises in which they perform is not smoke-free, in relation to that performer during his or her performance. However, we agree with the analysis provided by SOLT/ TMA that this does not go far enough, due to the absence of such an exemption for rehearsals.
The artistic integrity of a performance demands that a performer should be able to rehearse properly and fully with such an important prop by smoking during the rehearsal of the specific scenes where smoking is required. This is necessary for reasons of technique, timing and interaction with other characters.
Equity supports the proposed wording that would restrict the exemption for rehearsals to "a bona fide rehearsal of scenes or sections of the work to be performed at which only the persons specifically required for the purposes of that rehearsal are present".
SMOKE FREE VEHICLES
We would welcome clarification regarding the case of performers travelling between venues on tour, where they may use their own vehicle to give a colleague a lift, in a manner that is treated as working time for the purposes of the Working Time Regulations. While this is not a workplace it would be helpful to specify that such private vehicles are not smoke-free.
CONCLUSION
Equity continues to support the smoke-free provisions of the Health Act, and welcomes the Government's recognition of the unique nature of performers within the regulations. However, we do not believe that this exemption will provide the desired benefit if it is limited to performances and should also be extended to include rehearsals in the careful manner proposed above.
If you have any further questions or comments regarding Equity's response please contact Matt Payton, Equity Research and Parliamentary Officer at mpayton@equity.org.uk or on 020 76700260.
Yours sincerely
Christine Payne
General Secretary
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