Independent Senator Helen Drayton is still concerned that the amended Tobacco bill infringes on the constitutional right to privacy in one’s home.

Speaking in the debate on the Tobacco bill in the Senate, Drayton said while she noted that Government amended the definition of the term ’workplace’ in an attempt to exclude a private residence, she still had a problem with the amendment. The amendment states that workplaces do not include residences or vehicles which are also used for commercial purposes. The bill had gone to the Select Committee and was amended substantially.

But Drayton stated that with the emergence of the internet, ’many, many homes today’ are used in part for business purposes.

’We all use our homes in part for business purposes. Not that the home is a business place, but we use it in part for business purposes. So that I would want a specific definition for commercial. And more so because Section 8 (2) states that authorised officers, who are customs and police officers shall have the power to enter premises among which are workplaces to conduct inspections and investigations at any time during business operating hours or any other reasonable time,’ she stated.

Drayton also noted that none of the countries to which Narace referred, which had placed a ban on smoking in public and workplaces, sought to impair the privacy and constitutional rights of the citizen. And, she said, where this was done with respect to corporate rights (in Canada), it was overturned by the courts.

She said Health Minister Jerry Narace also neglected to point out that the aggressive and robust emergence of contraband tobacco, had accompanied the imposition of a ban and sin taxes in other jurisdictions.

’I am for tobacco control insofar as it protects children, non-smokers and has an effect on smokers who consume a large chunk of health expenditure,’ she said.

She stressed that she totally endorsed everything Narace said with respect to tobacco and health.

The debate on the bill abruptly ended around 6.30 p.m without going to a vote. Debate is scheduled to continue next Tuesday.