A bill that intends to ’assert the rights of non-smokers over that of smokers’, ban the sale of tobacco products to minors and prohibit the employment of minors to sell or handle such products is now before the Senate.

The new bill, which is called The Tobacco Control Bill, 2008, requires a special majority vote of both the House of Representatives and the Senate, since it is inconsistent with sections four and five of the Constitution.

Both sections define and govern the rights and freedoms of all citizens of Trinidad and Tobago.

The proposed legislation comes less than two years after the Government raised the taxes and duties on tobacco and alcohol in the 2006/2007 Budget, which resulted in an immediate price increases in those products.

Prime Minister Patrick Manning said last year that those fiscal measures comprised the kind of tough love this country needed to stem the tide of non-communicable diseases (NCDs) such as cancer and heart disease.

The Government’s 26 seats in the Lower House give it the special majority it needs to have the bill passed.

In the Senate, however, it does not have such a majority and would need to have the support of either the Opposition or Independent Senators.

The bill was introduced to the Senate on April 22, where it is to be debated first before being introduced to the Lower House.

It is to be piloted by Health Minister Jerry Narace and is meant to implement the requirements contained in the World Health Organisation (WHO) Framework Convention on Tobacco Control, which this country signed on August 27, 2003 and ratified on August 19, 2004.

The convention took effect on February 27, 2005.

Clause eight of the bill seeks to ban smoking in all enclosed public spaces, including work places, as well as places of collective use, while clause nine of the bill defines the rights of non-smokers.

’In interpreting the provisions of this act, the rights of non-smoking members of the public and workers shall prevail and any question that may arise as to whether smoking is permitted in any given situation shall be resolved in favour of protecting non-smokers,’ states clause nine.

Clause eight says all persons ’shall have the right to be free from involuntary exposure to tobacco smoke in all public places, including workplaces, places of collective use and on public conveyances’.

Clause 11 of the bill says tobacco products can only be advertised by information advertising or brand preference advertising, by way of a publication that is provided by mail and addressed to an adult smoker who is identified by name, or a publication that has an adult readership of not less than 85 per cent.