By Marjory Inglis, health reporter

BANNING THE public from smoking in the grounds of hospitals is unenforceable, a Tayside health chief has admitted.

Paul Ballard, one of the architects of NHS Tayside’s smoking policy which includes strictly no smoking in hospital grounds, said the health authority would rely on the goodwill of the public to adhere to the health authority’s policy and foster a “culture of no smoking.”

However, Mr Ballard agreed that staff caught flouting the policy could ultimately be sacked, but he did not believe it would be necessary to take disciplinary action that far.

Last month, health bosses approved a smoking policy that will go beyond the requirements of the national ban on smoking in public places that will come in to force on Sunday.

From November 23, NHS Tayside’s policy will ban smoking on all sites, including private cars parked in the grounds. That particular move proved highly controversial and met with resistance from staff groups but health bosses overruled staff advisers and approved the policy in full.

The only exemption from the smoking ban will be hospital in- patients who will be allowed to smoke in designated shelters in the grounds. All members of staff, out-patients and visitors will be covered by the ban.

But Mr Ballard agreed members of the public could only be asked not to smoke in the grounds when the policy came in to effect. It had no legal basis—as the requirements of the ban in enclosed public places coming in to force did have.

He said that from Sunday environmental health officers could “have a wee wander” round hospitals and make sure signs were in place, smoking shelters complied with the new legislation and nobody was smoking inside the buildings.

“In terms of the November launch of our extended policy, people smoking in NHS grounds which is what our policy covers, that is not a legal requirement,” said Mr Ballard.

“All we can do (if a member of the public is smoking in the grounds, either out in the open or in a car) is go up to people and say ‘We would be very grateful if you would not do that because it is contrary to NHS Tayside’s smoking policy’.

“If the person says ‘Fine, but I am still going to keep on smoking’, there is nothing else we can do.

“We cannot fine them because it is not part of the national legislation.”

Mr Ballard said the extended smoking policy was part of the health authority’s drive to “set an example” and to contribute to fostering “a no smoking culture” where it became the norm for people to choose not to smoke and live in a smoke free environment.

“Basically the less people who are smoking in sight of other people, the more we will contribute to that,” said Mr Ballard, NHS Tayside’s consultant in health promotion.