Another Hr Lawyers Bonanza?

[ToraToraTora]

http://www.bbc.co.uk/news/uk-24170235
If we allow smoking the staff sue if we ban it HM Guests sue! So what should they do? It must be possible to have smoking areas.

[Zacs-Master]

It's not saying HM guests will sue if it is banned:

'It is thought the move is linked to potential legal action by staff and inmates who have suffered the effects of passive smoking.'

[boxtops]

I would have thought that too - and on Radio 4 this morning, they were speaking to an ex-con and prison visitor, who said it's easy enough to room prisoners together if they both smoke, and when they smoke, open the window....

[ToraToraTora]

It's not saying it but they will, there is recent precident for incarcerated cases.

[Zacs-Master]

Could you provide a link to said cases?

[ToraToraTora]

It was all over the news, some guy in a mental instution used the HR act when they banned him from smoking.

[Zacs-Master]

If it was 'all over' then it should be say to provide a link.

[boxtops]

when was this?

[mikey4444]

Not sure what the problem is here. If prisoners want to smoke themselves to death, so be it. Less prisoners might mean less overcrowding. After all, they put themselves into prison through their own stupidity.

Tough on the staff though, I will agree.

[ToraToraTora]

Zacs, ever heard of google? OK I'll do it, there you are:
http://www.bbc.co.uk/news/uk-scotland-glasgow-west-23849198

[Zacs-Master]

Mikes, you seem to have missed the point too. The prison authorities are fearful of claims over passive smoking.

[woofgang]

The other thing it would do, if it could be enforced, is to remove a source of prison "cash" as tobacco and cigarettes are used for barter materials. personally i doubt that its enforceable.

[Zacs-Master]

TTT, as you were the question poser, I thought it was your responsibility to find it. Oh, and BTW, that's a hospital, not a prison.

[ToraToraTora]

yes but the argument is the same, the patient could not go off site to smoke.

[Zacs-Master]

Goalposts well and truly moved. Nice attempt but let's stick to prisons.

[ToraToraTora]

are you unable to see the common ground here? No moving of goal posts.

[ToraToraTora]

Ok zacs as you are struggling to comprehend this I'll spell it out:
If this ban goes ahead prisoners will be encouraged by HR lawyers to use the act to enforce their human rights, using the same principle as in the hospital that the person concerned did not have freedom to go offsite to smoke, geddit?

[Zacs-Master]

I don't think you can use one example of a very specialist case, in a hospital in Scotland, to extrapolate a national situation in prisons.

[bazwillrun]

Would I be allowed to smoke in a prison if I went to visit ?

[ToraToraTora]

That's how civil law works zacs, precident, once set, used forever. The HR lawyers would be in like flynn.

[Zacs-Master]

Please refrain from using phrases like 'geddit'. It implies that I'm a little hard of thinking which I find offensive. If the ban doesn't go ahead, prisoners will, in all probability, sue for illnesses or potential illnesses caused by passive smoking which I think you missed in your OP.