Why would they enforce this one?

By Peter Espeut

I have never smoked tobacco, or anything else; or at least, I have never inhaled - except second-hand smoke, which I have been forced to breathe, much to my displeasure. I am happy that on an airplane I no longer have to ask for a seat in the no-smoking section; and that in-flight, when I go to use the toilet, I no longer have to run the gauntlet of back seat smokers. On airplanes, they enforce the smoking ban. I have no confidence these new no-smoking-in-public-places regulations will be consistently enforced in Jamaica, this land of sun, sand, sea, sex, and sensemelia.

The same people who pass laws do not have the responsibility to enforce them. Because of this, sometimes unenforceable laws get passed. What is the point of passing a law if the state apparatus does not have the capacity (or even the will) to enforce it? Laws blatantly and publicly broken are soon brought into disrepute, and soon the citizenry loses respect for law and order itself.

I put to you that this has already happened! For once the law ceases to be a shackle for some, why should it be obeyed by any?

Do we have laws in Jamaica against burning garbage or bush cuttings or leaves in built-up areas? We do, but you would never know it, for these activities take place daily right across Jamaica.

Did you ever notice those smoke warning signs on the east-west toll road near Bushy Park? Have you ever had to drive through the thick smoke, not knowing when you will meet a car ahead, or whether someone will hit you from behind? Well I have - several times. It is not pleasant! We have a law in Jamaica against setting fires in sugar cane fields. But it is not a shackle.

Why should no-smoking regulations be enforced in Jamaica when no-burning laws are ignored and unenforced?

The minister of health is convinced that if smokers cannot light up in public, then we will all be healthier; and, therefore, Jamaica's health budget will be reduced; I am sure he is right. (Was this another IMF conditionality?) Banning smoking is concrete pro-life action; but our health is also put at risk when yard rubbish is burnt, or the public dump at Riverton blazes for days, blanketing whole communities with acrid smoke.

impact on budget

Last year, there were 256 road fatalities in Jamaica, and hundreds more were injured or maimed. What is the impact of this on the budget of the Ministry of Health? Some of the fatalities were motorcyclists and pillion riders. Don't we have a pro-life law requiring motorcyclists and pillion riders to wear protective helmets? Anyone with functioning eyes can see that less than half the motorcyclists use them, and almost no pillion riders. If we cannot enforce a crash-helmet law, where offenders are easily seen, how can we enforce a smoking ban?

And if the goal is to protect life and reduce injury, why is there no corresponding law requiring pedal cyclists to wear protective headgear?

Remember that the anti-smoking regulations make smoking in a public place a criminal offence; this means that offenders must be arrested and lodged in jail. I can see it now: the police arrive at a dance at a 'lawn' and cart off dozens of smokers in their paddy wagons. Do we have enough jail space to hold all these offenders? Do we have enough courts and judges to grant bail, and hear these cases? What is the current backlog of cases awaiting trial? What will it become when this law comes into force?

What sort of evidence will the police have to produce to obtain a conviction? Photographs and video? Cigarette butts with DNA tests of the saliva? Breathalyser data? Do we have the equipment and technicians to do all these tests?

The law-enforcement capacity we have is largely concentrated in the constabulary force. Will the police stop selling cigarettes in the bars attached to every police station? Will the police arrest police smokers? Are police barracks (being government property) public places? The law allows private citizens to smoke at home, but may off-duty police officers smoke while in their barracks?

Do the police have the will to enforce this anti-smoking legislation? Will it provide further opportunities for police corruption?

Will these regulations apply equally to Jamaicans and foreign tourists?

Before regulations are enacted, there must be serious assessment of enforcement issues. I wonder whether these issues have been properly thought through.

I learnt at an early age that "the cigarette smokes; we're just suckers!" I hope the Government is not trying to sucker us with face-card legislation.

Peter Espeut is a sociologist and an environmentalist. Email feedback to columns@gleanerjm.com.