SMOKE-FREE COALITION PROTESTS AT NSW PARLIAMENT HOUSE
NSMA members led a combined protest with representatives
of the Liquor & Hospitality workers union
(LHMU) and Action on Smoking & health (ASH) on the
first day of the new NSW parliamentary session on 2
September 2003. With union banners flying in Macquarie
Street the crowd chanted "Big tobacco what a joke
we don't want your stinking smoke".
With five different speakers on the loud hailers the Members
of Parliament coming into the building could not avoid the
shouted slogans "All you pollies make it fair give us
smokefree air everywhere". Every speaker highlighted
the hypocrisy of the MPs sitting in their smokefree
workplaces doing their best to turn a blind eye to the
fact that these workers are expected to put their lives on
the line every day by working in tobacco polluted hotels
and clubs. It is shameful that these politicians are not
willing to give bar workers, musicians and entertainers
the same healthy working conditions that are guaranteed
to every other worker in NSW. The hospitality employees
are being treated like second-class citizens and it is no
wonder they are angry and ready to take to the streets.
Smokefree Coalition Partners -
Protest Rally at NSW Parliament House
United We Stand
The Smokefree in '03 Coalition comprises
representatives from 8 organisations (see Update No.
44) with the general co-ordination of Anne Jones &
Stafford Sanders of ASH Australia. The members
apart from your NSMA include the Cancer Council of
NSW, The National Heart Foundation and several
unions covering hospitality workers. All members
have agreed to work individually as well as jointly to
give all workers in this state a healthy, smokefree
workplace. The strategy is for all to speak with the
same voice demanding that the NSW government
remove the iniquitous exemptions from the Smokefree
Environment 2000 Legislation that permits smoking in
hotels & clubs but bans it everywhere else. All
members are collaborating to make submissions to
government MPs for maximum effect.
Bans Will Come Eventually!
Smoking in pubs and clubs in NSW is definitely going
to be phased out, with the Carr Labor Government
establishing a new working party on how and when it
will be done. The working party will include
representatives from pubs and clubs, the NSW Cancer
Institute and relevant government officials. In an
interview published in the Sunday Telegraph on 12
October 2003, the Assistant Health Minister, Mr Frank
Sartor, confirmed that smoke-free environments were
"an eventuality". He said, "I want the working party to
work to the end game, beyond the next set of voluntary
bans that come into place on July 1 next year. We're
going to take a systematic but steadfast approach to
progress to the point where people do not have to
suffer other people's cigarette smoke. We want there
to be a clear pathway, a clear timetable with certainty,
and no surprises".
LHMU Members show their feelings at the rally
ALP endorsement
The Labor Government move follows the endorsement
at the recent annual ALP State Conference where a
motion was put by Tim Ferrari, Secretary of the
Liquor, Hospitality and Miscellaneous Workers Union
(LHMU) for enclosed areas to be smoke-free by 2005.
The motion was carried unanimously and hence put
some considerable pressure on the government to sit up
and take notice of the affected workers. However the
Government had not committed itself to a date. The
time frame will apparently be discussed and
recommended by the working party.
No Community Representation
NSMA is concerned that the working Party
representation is too narrow and we have written to the
Minister requesting that we be allowed to participate as
a representative of the wider community. We accept
that Frank Sartor, as Minister for the new Cancer
Institute, and as one who has experienced personal
tragedy through loss of his partner to cancer, will
strongly pursue his stated objective, "That people
should not have to suffer other people's cigarette
smoke". However the chances are that the strong and
devious Australian Hotels Association and Tobacco
Industry lobby will delay things until they manage to
get Frank Sartor moved to another portfolio and hence
regain control by more delaying tactics.
Assistant Health Minister promises bans "eventually"
Weak Bans From July 03
Voluntary smoking zone bans were introduced on July
1 this year and Legislation is now being drafted to
make these bans law. The present bans are weak and
notional only, with smoke-free zones extending a full
1.5 metres from any bar serving area! Next year, pubs
and clubs with multiple bars will be required to have at
least one that is smoke-free. Mr Sartor said it was clear
the community expected the Government to go further.
"There's no doubt that community expectations are
ahead of us in relation to smoking in public
entertainment areas like pubs and clubs. There is an
overwhelming body of public and professional
opinion that says we have to phase out smoking."
The key difference between this new working party
and previous committees set up to examine smoking in
clubs and pubs was the involvement of the NSW
Cancer Institute. This Institute was a new body set up
with considerable extra funding as a Bob Carr initiative
at the last state election. Many anti-tobacco critics
question whether it would not have been better to give
these extra funds directly to the existing anti-smoking
agencies and programs that are chronically under-
funded.
Smoking Minister Refshauge Achieved Nothing
The results of a new Australian study released in
September 03, questioned the effectiveness of smoke-
free areas. The study of 20 Sydney clubs found smoke
levels were sometimes higher in designated non-
smoking areas than in smoking areas. Professor
Simon Chapman, from the Sydney University Public
Health Unit, said the issue would test the credibility of
the new Cancer Institute. "When Andrew Refshauge
was health minister, there was a committee set up to
look at this issue, which produced voluminous reports
but we're really still in the same position as we were
then," he said. "This really is going to be a test of
credibility for the Cancer Institute."
Union Tries To Expedite Members Protection
The Assistant National Secretary of the LHMU, Tim
Ferrari, said the union was keen to see bans in place by
the end of next year and not wait for 2005. "We know
the risks of passive smoking the bans have to be put
in place sooner rather than later," he said. NSMA
believe that steps should now be taken to force
prosecutions for breaches of occupational health laws
as the best way to speed up the government's sluggish
reform. We will take further initiatives along these
lines.
LHMU Union Reps demand smokefree hotels and clubs
for hospitality workers
Democrats Add More Pressure
The NSW leader of the Australian Democrats and
former President of NSMA, Dr Arthur Chesterfield-Evans,
has lodged a private member's Bill to amend
the Smokefree Environment Act 2000, by removing the
exemption clauses. His Bill will provide an easy
vehicle to implement the SmokeFree in '03 Coalition
objectives if only the government could be persuaded
to use it. The existing legislation was worded to
effectively ban smoking in "all enclosed public areas"
but then went on to make exceptions to licensed areas
like hotels and clubs. It did not exempt dining rooms
as such, and left considerable ambiguity about bistro
type areas where food is served but which have a bar as
well.
Dr Chesterfield-Evans' Bill, if passed, will end all this
confusion and bring justice to the hospitality workers at
the same time. Of course the bad news is that the
government sets the agenda in Parliament and can
block the Bill from getting a hearing until well into
next year. Nevertheless the Democrats are to be
commended for taking constructive steps to add weight
to the general push to bring healthy working conditions
to all these workers throughout more than 3,500 pubs
and clubs in NSW. Of course, once a major state like
NSW goes smokefree the others will follow in quick
succession.
Stephen Kane Case Deferred
Previous Updates indicated the plight of Moama
Bowling Club barman, Stephen Kane who was sacked
for wearing a gas mask at work. He has taken a case
for wrongful dismissal to the NSW Industrial Relations
Commission. After several call-overs it is now
scheduled for hearing in December 2003. Workcover
and the Minister are squirming under the pressure,
which forces them to speak up or shut up about real
occupational health principles. Stephen has done a
great job in waking up the sleeping dog and it is now
yapping at the heels of Workcover and the Minister.
This is, no doubt, having a big influence on discussions
between the Health Minister and the Minister for
Industrial Relations which are going on behind closed
doors. His case has been an important factor in the
government's new-found commitment to the certainty
of total smoking bans in all workplaces.
Another Parliament House Rally
A few days after our Sydney rally on 3 September
2003, members of Tasmania's Liquor Hospitality and
Miscellaneous Workers Union staged a similar protest
in front of Tasmania's ivory tower in Hobart. Union
Spokesman, David O'Byrne, told the media their
members were tired of being denied the same
occupational health rights as other workers. They
demanded that the state government act immediately to
ban smoking in hospitality venues like hotels and
clubs.
David Costello from the Registered Clubs Association
warns that bans could cost jobs
NOTICE OF ANNUAL GENERAL MEETING
All members are notified that the AGM will be
held on Wednesday 26 November 2003 at 7 PM in
the 11th Floor Meeting Room at the Citigate Sebel
Hotel, 28 Albion Street, Surry Hills, Sydney.
Nominations for Committee and notices of motion
must be submitted in writing to the Secretary
before COB 12 November 2003. [The AGM will
be at the commencement of the Farewell
Dinner (see insert) to Brian McBride so attendees
for the meeting only should advise the Secretary
accordingly.]
Bad News For Rolah McCabe's Family
It was a sad day for justice on 3 October 2003 when the
full High Court, sitting in Melbourne, dismissed the
family's application to appeal against the unfavourable
ruling of the Appeals Court. The historic battle against
Nick Greiner's British American Tobacco (BAT) has
gone through three stages. First, Rolah McCabe
brought the action for compensation for having
developed lung cancer from smoking BAT cigarettes.
She "won" the case in the Victorian Supreme Court
and was awarded $700,000 compensation. However
the basis of the "win" was that Judge Geoffrey Eames
accepted McCabe's lawyers submissions that BAT had
destroyed documents that would have helped her win
her case. He took the unusual step of striking out
BAT's defence and ruling that they had denied her a
fair trial, therefore in effect, there would be no trial.
He would just give a verdict in her favour without BAT
being allowed to run any defence.
BAT Wins Next Round
BAT of course, with money to burn, just took the case
up to the higher Appeals Court where those judges
ruled that Justice Eame's findings against BAT and its
lawyers had gone "too far" and the company should
have been allowed to run a defence. Therefore, they
cancelled the $700,000 damages that had been awarded
by a jury. However by this time the seriously ill Rolah
McCabe had died from her lung cancer and hence it
was her family of one daughter and three sons who had
to pay this money back from her estate and also face up
to enormous legal costs awarded against them.
The Family Fights On
The children had now lost everything! As if losing
their mother was not bad enough, they now faced
losing their homes to pay the legal costs for Nick
Greiner's company and his lawyer mates who were
laughing all the way to the bank. You would think that
if Nick Greiner had one ounce of decency left he would
have settled for the legal victory and not pursued the
children to pay their costs, but no, BAT demanded their
full payment. The children decided to fight on and
took the issue to the next level being the Australian
High Court.
No Joy From High Court
This was the third round of a very complicated case.
Unfortunately the High Court upheld the Appeal
Court's view that the Supreme Court could not strike
out the defence of a party alleged to have destroyed
documents in anticipation of a court case unless it
amounted to an attempt to pervert the course of
justice, or a contempt of the court. The family now
faces legal costs of up to $1 million and must be quite
devastated by the outcome. However, as reported in
the last Update, there has been a new development
while the court actions have been going on. One of the
lawyers working on the tobacco company's team has
spoken up about his inside knowledge of how the
document destruction took place. These revelations
may well establish that an attempt to pervert the
course of justice was deliberately undertaken. In view
of this the McCabe's Melbourne lawyer, Mr Peter
Gordon of Slater & Gordon, has not ruled out the
possibility of seeking a fresh trial based on this new
evidence.
National Support Fund Needed
We have written to the McCabe family offering them
moral support but of course it is financial support that
is really needed. The heart breaking experience of the
McCabe family is just what Nick Greiner and his mates
want to see. There is no better way to stop all these
winging lung cancer people from taking legal action
than to put the fear of god into them that they will
probably not have deep enough pockets to fight big
tobacco and if they stumble they will probably lose
their houses as well. To counter this iniquity what
Australia needs is a vast national fighting fund set up to
support all such cases and see them fought through to
final victory. Such a fund would speed up the demise
of this disgusting blight called the tobacco industry.
There are many other winnable cases out there but their
lawyers are cautious about urging plaintiffs to start
actions when they see how a good case like the
McCabe's can turn out so badly.
NSMA Members outside Parliament House
LEAVE A BEQUEST TO NSMA IN YOUR WILL.
Please think about this to keep the good work going
into the future.
Canberra ASH Celebrates 20 years
We send our congratulations to all the dedicated
members of Canberra ASH who have kept the pressure
on local legislators for the last twenty years and thus
achieved some of the first effective smoking bans
under ACT state laws. At the recent AGM Dr Alan
Shroot was re-elected President. He is now in his
twenty-first year as President since co-founding the
organisation with Gareth Smith (teacher and activist) in
June 1983. This has been a splendid achievement by
them and their supporters in spite of many obstacles.
Dr Ian Pryor, President, AMA ACT Division, made a
presentation to Dr Shroot in recognition of his work in
tobacco cessation and health care; and in promoting
public awareness about tobacco issues, including
environmental tobacco smoke. The ABC Canberra
television weekly program "Stateline", did a segment
on Dr Shroot's work and the twentieth anniversary
celebration of Canberra ASH.
Important Submissions
Canberra ASH continues to work on many issues
related to its constitutional objectives. The priority
issues at the moment are the Legislative Assembly's
consideration of the reform of the Smoke-Free Areas
(Enclosed Public Places) Act 1994, and the National
Tobacco Strategy Review, including the Federal
Commonwealth's Tobacco Advertising Prohibition Act
1992. ACT Housing issues have also been a concern
in ensuring the ACT Housing authorities comply with
the ACT legislation, and in creating awareness about
the desirability for separate smoking and non-smoking
multi-unit facilities.
NSMA Also Lodges Submissions
In addition to our primary campaign of pushing hard on
the fight for smokefree clubs and pubs, NSMA have
supported the other health lobby members by putting in
submissions to the same enquiries listed above for
ASH Canberra. We have also made submissions to a
similar review of state legislation currently being
conducted in South Australia. We have stressed that
outdoor restaurant areas, and indeed anywhere that
food is served, should be smokefree. The only
acceptable place for smokers is away by themselves in
designated outdoor areas. More action must be taken
to protect the public from street smoking and the
dangerous concentrations around the entrances to
buildings. It all takes time and we are indebted to hard
working committee member, Margaret Hogge for
fitting these tasks into her busy schedule.
NSMA Active In South Australia
Our man in Adelaide, Steve Patroni, has sent a report
of their recent joint campaign with the Cancer Council
and Heart Foundation to push for smokefree hospitality
venues. The campaign resulted in over 4000
letters/coupons to MPs demanding that bans in
hospitality venues must come in not later than 2004,
and certainly not as late as 2010, which is being
suggested by the AHA/Tobacco lobby.
More Canberra Action
A motion proposed by Democrats Senator Lyn Allison
has been passed in the Senate calling upon the
government to ratify the Framework Convention on
Tobacco Control (FCTC), in accordance with
resolutions of the 12th World Conference on Tobacco
or Health. The resolution stated that the Senate:
(a) Notes that tobacco currently kills 5 million people
annually worldwide, half in middle age, and that
this global epidemic is predicted to double in the
first half of the 21st century, to over 10 million
deaths per year; and calls on the Government to
respond to the recommendations of the 12th World
Conference on Tobacco in Finland, held from 3
August to 8 August 2003 by:
(i) ratifying the Framework Convention on Tobacco
Control (FCTC) by January 2005, implementing and
enforcing its provisions, and actively involving civil
society in this process,
(ii) contributing resources and
funding proportionate to Australia's gross domestic
product for the implementation and monitoring of the
FCTC,
(iii) urging the United Nations to include non-
communicable diseases and tobacco control as part of
its Millennium Development Goals,
(iv) including a
plan for tobacco control as part of Australia's overseas
development and poverty reduction agenda,
(v) not
accepting funding or participating in the tobacco
industry's youth, social responsibility, voluntary
marketing or other programs, and
(vi) working
towards greater coordination and co-operation between
all sectors of the tobacco control movement, such as
research, prevention, treatment, policy, advocacy,
communications, and the world conference organising
committee, with a view towards establishing a world
association for tobacco control.
FCTC Is Good News For Third World
The Framework Convention on Tobacco Control
(FCTC) is the first treaty initiated by the World health
Assembly, which is the governing body of the World
health Organisation (WHO). Negotiations began in
October 1999 and concluded in March 2003. The
"Convention" was adopted at the World Health
Assembly on 23 May 2003 and is now open for
signatures and ratification by all nations. The tobacco
industry has long been having a field day amongst the
poor and illiterate peoples in third world countries.
With no restrictions on their marketing and advertising
tactics they were set to send the death rates soaring to
new highs. Fortunately the FCTC provides a vehicle
for the guidance of these governments to keep them in
line with best practise on tobacco control. Finally our
Federal Liberal Government will be obliged to drop
tobacco company sponsorship of their annual
conferences, which has been a standing disgrace for so
many years.
Couresy of the SMH - 15th September 2003
Smoking Bans In Children's Playgrounds
Further to our earlier protests to Councils about
smoking around tennis courts and other sporting
facilities it was great to see the action taken by two of
Sydney's largest councils in September 2003. Both
Liverpool and Hawkesbury Councils have introduced
bans on smoking within 10 metres of children's
playgrounds as well as at sports grounds and playing
fields. At least one other council, Canada Bay is
considering a similar ban but Dr Andrew Penman of
the NSW Cancer Council says at least ten others might
follow their lead. The issue will be raised with the rest
of the state's councils at the NSW Local Government
Association conference in November.
We commend these councils on taking their public
health responsibilities seriously. The bans are
recognition that the delicate lungs of children are
particularly susceptible to the dangers of passive
smoking. They are also an attempt to make smoking
"abnormal" for children, which of course it should be.
Indeed a major paper was presented at the 12th World
Conference on Tobacco Or Health this year in
Helsinki, Finland, about the rights of children not to be
subjected to their parent's smoking.
Courtesy of ASH in USA.
Prof. John Banzhaf of ASH USA said the introduction
of the passive smoking issue into children's custody
battles between parents represented a powerful new
weapon in the war against smoking by providing a
major incentive to quit and become a non-smoker by
the time such issues get into the courtroom. Now when
husbands and wives both seek custody judges can no
longer automatically award custody based upon fault or
gender. They are often faced with a difficult decision
with two equally qualified parents seeking custody. In
that situation, even a small factor could make a
difference i.e., serve as a tiebreaker.
Prof. Banzhaf told the conference that 16 states in the
USA now formally accepted that subjecting a child to
tobacco smoke pollution can be a factor in deciding
custody because the law requires the judge to consider
"the best interests" of the child, and therefore must act
to protect the child's health.
SMOKEFREE PUBLIC HOUSING
This campaign is on the back burner for a while
pending completion of the Pubs & Clubs protest
actions. However the threat of using the Anti
Discrimination Legislation against the ACT
Department of Housing has already yielded some
results. Once the Department realised that we were
arranging top barrister, Neil Francey, to take up the
case for Ms Lucy Couper (as reported in Update 44)
they suddenly decided they could find a free standing
house to get her away from the intolerable cigarette
smoke pollution which she was experiencing from her
immediate neighbour in a confined complex of older
person's accommodation.
Lucy To Consider Further Action
It is so strange that authorities can spend three years
saying "no - we can't do it" and then suddenly when
the case is on the court house steps they find they can
say "yes" after all! Happily, Lucy is now relocated to
smokefree premises and is considering her position
regarding going on with the compensation action. If it
does proceed it will not be until sometime in the New
Year.
At Least Apply Taxes To a Related Cause
Previous Updates have reported that all members of the
health lobby have strongly criticised the last Federal
Budget for missing a golden opportunity to use a
$225m tobacco tax windfall (money wrongly collected
by states) to increase funding on anti smoking
programs. It is good to hear that lawyers for Miriam
Cauvin are trying to make her case a very important
test case on forcing this money to be applied to help the
victims of tobacco, instead of it just going into
consolidated revenue. We commend barrister, Neil
Francey and his team for not giving up on this one.
Light Cigarettes Are a Con Job
A major court verdict in The USA early this year ruled
that Philip Morris had deceived smokers into thinking
"light" cigarettes were safer than regular ones. As a
result the tobacco giant was ordered to put up the
staggering amount of US$12 Billion dollars as a
BOND while the class action on behalf of a multitude
of smokers was finally resolved. Philip Morris went
to court again in August to challenge having to pay the
bond. However the court confirmed the ruling and
gave them 60 days to put up the money.
It is truly satisfying to see that the tobacco industry in
America is no longer getting away with their "licence
to kill" without suffering any consequences. It is high
time our Federal & State Governments followed the
USA example of suing the tobacco industry to recover
the cost of health damage to the nation, particularly
when they are forever crying out for more money to
prop up the ailing hospital system.
Australia helps The World
Medical schools around the world have snapped up a
unique Australian tobacco education program. The
Smokescreen Education Program (SEP) was developed
by Professor Robin Richmond from the University of
NSW to reduce the high smoking rates among medical
students. In a recent interview with the Sydney Sun
Herald she said Australia was one of only a handful of
countries that was progressing the anti-smoking
message. We need to look beyond our own borders
and act as a resource to people in other countries. It is
estimated that 10 million people will die from tobacco
use by 2030, with 70 per cent of those coming from
developing countries. Almost 1 billion men smoke
300 million of those come from China while 250
million women also maintain the habit.
Child Wins Compensation For Cigarette Fire
Last Update reported on the injustice of tobacco
companies being able to escape any liability for the
enormous damage done by fires started by their
incendiary cigarettes. An important break-through was
achieved in USA in May 2003 when Philip Morris
paid $2.9 million in compensation for burns to toddler
Shannon Moore when she was just 21 months old. The
settlement resolved a nine-year legal battle over burns
received when her mother's car burst into flames. Her
lawyers blamed the fire on the dangerous or defective
design of a Marlboro cigarette, which is intentionally
made to burn down to the filter even when not being
puffed. The mother had let the cigarette drop on to the
car seat where it continued to smoulder after she
parked the car and got out.
The break-through is that
the tobacco company "agreed to settle" whereas they
normally fight these personal injury cases to the bitter
end to deter other suits. However they said they
viewed this as a unique case where they had an isolated
opportunity to resolve the matter without going to trial.
Well, it is step forward on the issue but there is still
a lot which should be done, including banning quiescent
burning self sustaining cigarettes
Plans To Censor Smoking In Films
The Federal Government is considering censoring
films featuring smoking, banning cigarette vending
machines and asking shops not to display tobacco
products. The proposed changes to the regulations re
advertising and sale of cigarettes are part of the
Government's Department of Health and Ageing
discussion paper released for discussion in August
2003.
The obvious increase in cigarette product placement in
films aimed at young people has finally caught the
government's attention. Of course NSMA and the
other health agencies have been complaining about it
for years and hopefully there will be some constructive
action taken this time.
Thank You Vice President - Owen Graham
The Committee would like to record a public thank you
to Owen Graham who has solved the difficult problem
of finding another affordable office for us since we had
to vacate the old Trades Hall office by 30 September
2003. He has provided the Movement with rent-free
premises in part of his factory complex near Parramatta
as an interim arrangement. The photo above records
our very last committee meeting in the historic old
building dating back to 1850. Our new postal address
and phone & fax numbers are shown below as well as
on the front page of this Update. Please make sure you
use the new contact details for all future
communications and be careful not to use old
stationary.
Last NSMA Meeting in the Trades Hall - 10th Sept 2003.
NEW ADDRESS
NSMA, PO Box K860
Haymarket NSW 1240
Letters To The Press
Go Smokefree Now
Our enthusiastic campaigner, Margaret Hogge, has
succeeded in getting some letters to the editors printed
in local papers. The following one even stirred their
cartoonist to provide a cartoon to go with her letter
published in the Manly Daily on 2 August 2003.
"Well, now we've have had a month of the Health
department's wonderful regulations which are
supposed to protect pub and club workers and patrons
from the well-known dangers of environmental
tobacco smoke. Are there fewer smokers in pubs and
clubs? Is there less smoke? No, the smoke is simply
better trained and knows not to drift closer than 1.5m
from the bar! Right! According to Worksafe there is
no safe level of environmental tobacco smoke. Come
on, Mr Carr, smokefree pubs and clubs now! Do it
for the non-smokers, do it for the workers and do it
for the smokers, most of whom want to quit anyway.
Margaret Hogge
Committee Member
Non Smokers' Movement of Australia.
Courtesy of the Manly Daily 2nd Sept 2003
FAREWELL FROM THE PRESIDENT
Some 26 years ago in November 1977 I wrote the very
first newsletter to the foundation members of the Non
Smokers' Rights Movement, as it then was. Hence it is
with some degree of nostalgia that I now write my final
newsletter to you, our current members. There have
been many other authors and co-authors over the years,
most notably Dr Arthur Chesterfield-Evans, during the
middle ten years that he was President. However, it
has always been our collective aim to maintain a good
standard newsletter and to keep members well
informed on the issues of the day.
Having reached the age of 71 and with some eyesight
problems it is now time to say goodbye to the front line
work of campaigning and retire into the background. I
will be standing down at the AGM on 26 November at
which time the Committee has seen fit to give me a
farewell dinner. (See insert for details). I am very
pleased to see a new breed of younger activists like
Mrs Margaret Hogge emerging to take over the
campaigning tasks jointly with our Vice President,
Owen Graham and the other loyal members of the
committee.
Battling Against the Odds In Early Days
If I am asked about things that stand out in 26 years of
battling with authorities I have to say there are two
most enduring problems that have persisted throughout.
Firstly, I never cease to be amazed at the effort that is
required to actually get non-smokers to speak up in
support of their rights. If someone raises the subject in
social conversation many non-smokers have endless
complaints about the problem and how it has affected
them. But when you question them about what
constructive action they took the answer is usually
nothing! Never has a problem been so complained
about - with so little done - by so many. They just
become spectators urging others to do the work.
Vested Interests Should Be Declared
The second injustice is the non-declaration of a vested
interest by those in positions of authority to make
decisions about smoking, but who themselves are
smokers. Take the early days of fighting for smokefree
railway stations. You would complain to a smoking
stationmaster. He would reluctantly pass it on to a
smoking district inspector who would fob it off as a
minor complaint and take no action. If you had the
stamina to follow up and get an interview with a
management level person in the SRA you would find
yourself sitting across a desk sporting a half full
ashtray.
If you then took it all the way with a letter of
complaint to the Minister you would get an
acknowledgement but no action from the
Transport Minister, for example the ex-smoker Peter Cox.
Finally, if you
resorted to civil disobedience with personal protests
and standing up for yourself against belligerent
smokers, you would be arrested by smoking railway
police. I think the final irony for me was being
arrested at a suburban station and being manhandled
like a criminal into a city office. There the senior
transport police officer sat back in his chair and lit up
a cigarette before getting down to the interview about
why I was making such a fuss about people smoking
on railway stations. It had to be seen to be believed!
Over all the years of protests we have dealt with so
many people in authority who were managers of bus
companies, taxi co-ops, airlines, railways, workplaces,
broadcasting authorities, restaurants or even
parliaments. Never, in one case, did we find a single
person who disqualified himself/herself on the grounds
that he/she was a smoker. It is apparently unthinkable
that a person who is addicted to a certain drug should
actually declare that addiction as a conflict of interest
relative to enforcement of laws about that drug. It is a
strange anomaly that continues even today and it is
an issue that I commend to my successors.
Teamwork Gets Results
The Non Smokers' Movement has only been a small
part of a wider network of pro-health and anti-smoking
groups who have achieved great progress in tobacco
control. Most have emphasised the "smokers" health
message but we have concentrated on the "non
smokers" health and their rights to clean air. In this
farewell message I would like to pay tribute to the
great work done by these various agencies, in all states
and territories. They have helped us make steady
progress with our mutual fight against the tobacco
industry.
There are too many to start naming them, but we
should all thank Anne Jones, CEO ASH Australia, who
has done a magnificent job as media spokesperson for
the team over recent years. With increasing levels of
news and more intense media attention this has been a
very demanding, but very necessary job. She has taken
a lot of pressure off other campaigners like myself,
who would feel obliged to get into the media more
often with the appropriate message, but who can relax
because Anne takes care that everything is covered and
in a very professional manner.
Farewell from Brian and Angela McBride
I do record my appreciation of the support given to me
by my wife, Angela, and family and friends over the
years. Many of them did not feel comfortable about
some of the publicity but they have stuck by me and I
could not have continued without such support. I thank
those members who have kindly written in with
expressions of appreciation for the work I have done
for the cause. Finally, I would like to say thanks - to
you my readers - who have been loyal supporters over
many years. I know you appreciate our efforts by the
way you, not only renew your subscriptions, but offer
very generous donations as well. I urge you to
continue giving this support to my successors who will
need your encouragement to keep up the good fight.
There is still much to be done and the work should go
on.
Farewell and best wishes to all from..
Brian McBride
President 1977 to 1987 and from 1997 to 2003.
The Non-Smokers' Update is the quarterly newsletter published for
members of the Non-Smokers' Movement of Australia Inc..
Contributions or comments should be forwarded to...
The Editor, NSMA, PO Box K860, Haymarket NSW 1240.
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