The Government White Paper on tobacco legislation came under further criticism at a recent Chamber of Commerce luncheon. Business owners, legal experts and other interested parties gathered on Wednesday, 28 March at the Marriott Beach Resort to discuss their issues with the proposed bill.

Each of the series of speakers at the meeting spoke of the need to make several changes to the proposed bill and this was met with widespread agreement amongst those present.

Murali Ram, an attorney at Quin & Hampson, was charged with the task of analysing the White Paper and explaining the planned regulations to those gathered.

“In its current form it is riddled with flaws. It needs industry and public input as it doesn’t account for businesses or smokers perspective,” Mr Ram said of the proposed bill.

For his presentation, Mr Ram outlined the key points of the White Paper and tried to clarify some of the more muddled restrictions in the White Paper.

The Chamber of Commerce made the luncheon open to the public and welcomed input from anyone affected by the proposed law. Speaking at the event were attorneys, marketing firms and tobacco distributors, along with representatives from the tobacco steering committee involved in the draft bill.

Speaking to Net News after the event, Mr Ram reinforced some of the points he made in his presentation. “The key is that it has to be practical,” Mr Ram said of the tobacco law.

“It has to balance the public interest against the rights of adults to smoke.”

The proposed bill, which had been consistently described by many at the luncheon as “flawed,” has a wide range of possible interpretations due to the unclear definitions it contains.

“Looking at it from a restrictive point of view, it bans public smoking completely,” said Mr Ram.

Suggesting an alternative, supported by others, Mr Ram advised the designation of smoking areas, as seen in other countries such as the UK. Virtually banning smoking would result in civil disobedience Mr Ram pointed out, and also questioned how and at what cost the law would be enforced.

During Wednesday’s presentations, each element of the planned legislation was addressed including the licensing, labeling, advertising, distribution and use of tobacco along with the penalties for non-enforcement of the proposed law.

The impact on business was of particular concern amongst the attendees, from the distributors and retailers of tobacco products to the Island’s bars and nightclubs. Attempting to clarify exactly who is affected and to what extent, was a major aim of the event, and one that could never be entirely satisfied due to definitions in the White Paper.

In terms of where people can smoke, the proposed bill in its current form is not clear on exactly which establishments are affected and the definitions leave the law open to interpretation.

While rented condominiums, hotel bedrooms and halls of residence rooms are highlighted as exempt from the prohibition, other popular smoking areas get no mention in the proposed bill. These were raised at the luncheon and include designated smoking rooms, cigar parlours, beaches, parking lots, sidewalks and the Islands’ roads.

DJ and Manager at the Next Level Nightclub, Johnny Mack was present at the luncheon to see how his business might be affected by the new laws. Originally from Canada, Mr Mack saw firsthand the effects of tobacco legislation in his home country and anticipates a similar impact on the nightlife here in Cayman.

“I think it will initially have a negative impact but things will recover. People still want to go out and get on with their normal lives,” he said.

Mr Mack also warned of the potentially damaging effects on the Islands’ tourism industry, another area that suffered in Canada following the introduction of tobacco legislation.

Also present was a representative of the world’s largest tobacco company who offered his support in regulating a product that he himself described as dangerous.

As the largest tobacco company in the world, Philip Morris International distributes their products worldwide, including the Caribbean. Representing the global giant at Wednesday’s luncheon was Fernando Carrillo, Manager of Corporate Communications for Latin America and Canada.

In an interview with Net News, Mr Carrillo expressed his support for proper legislation and spoke of the laudable efforts being made in the Cayman Islands.

“I think the proposal made by the Cayman Islands Government is comprehensive and broad and takes into consideration all the aspects needed to regulate tobacco in the region,” Mr Carrillo said. “It’s in line with the way tobacco products are regulated elsewhere.”

“We support strong and effective regulation. Our product causes cancer and emphysema and it’s addictive. It’s dangerous and needs to be regulated,” he said.

While acknowledging the health risks posed by tobacco, Mr Carrillo also pointed out the rights of adults to smoke if they chose to do so. “We don’t want children or non-smokers to start smoking and we support the restrictions on advertising but we need some channel open to communicate with our customers,” he said.

Also present at Wednesday’s discussions was Debbie McTaggart, one of the owners of Uncle Bill’s who have been selling tobacco products since the mid-sixties.

“As a company we support tobacco legislation, there is a need for it, but we need to strike a balance that is good for all concerned,” Mrs McTaggart said.

Speaking about the economic impact of the proposed bill, she expressed concern for smaller retail businesses on the Island who sell tobacco products. “We need to look at how licenses will affect Mom & Pop stores. How will they survive?” Mrs McTaggart asked.

“I don’t think the consultative process was done properly. A good cross-section of the community should have been brought in prior to the bill being drafted. We were never contacted,” she added.