Hutchison Paul: Smoke-free Environments Amendment Bill — Third Reading 
Hutchison Paul: Smoke-free Environments Amendment Bill — Third Reading 
[Volume:614;Page:10393] 
Dr PAUL HUTCHISON (National—Port Waikato) 
: 
 I thank the House for allowing me to speak on this very important and historic bill. I will certainly be supporting this bill for two major reasons. The first reason is that it is all about freedom—giving ordinary New Zealanders the opportunity to be free from second-hand smoke. The second reason is that it is one of the most important and effective public health measures that can be instituted—diminishing smoking and diminishing second-hand smoke. 
Firstly I shall speak on the question of freedom because I think that is the underlying principle behind libertarian philosophy. I see various members of the Libertarianz party from time to time and I discuss that philosophy with them. It certainly says that the most important thing is for individuals to have as much freedom as possible provided that it does no harm. Second-hand smoke undoubtedly does harm. It is measurable in New Zealand in the order of 400 deaths per year and the morbidity is considerable. Not only does smoking cause ill health and premature death for older age groups; perhaps even more significant children and babies in utero may be profoundly adversely affected by the effects of second-hand smoke. 
In 1999 the ministry sent a letter to the Minister of Health saying that the greatest gains would come from health promotion disease prevention and the integration of primary and secondary health-care. There is absolutely no doubt in my mind that the 1990 legislation in the form of the Smoke-free Environments Act had a profound effect on diminishing smoking and a profound effect on enabling ordinary New Zealanders to enjoy a smoke-free atmosphere in public places. The current legislation is particularly aimed at the workplace. If one considers the underlying principle that this legislation is to allow ordinary New Zealanders—individuals and workers—freedom from having second-hand smoke imposed on them then one sees that it is legislation worth having. 
There is no doubt that the legislation has its problems. I note that the extraordinary bureaucracy and prescriptiveness are somewhat typical of an overzealous socialist Labour Government having a field day. That was aptly described by the Hon Maurice Williamson when he drew attention to the fact that tobacco product displays are required to be in the typeface known as Helvetica in a Roman font and in upper and lower case and are strictly prescribed. So in one way or another the Prime Minister is determined to get the first three letters of her name inscribed in this legislation even if it means resorting to prescribing the typeface format of tobacco product displays! 
The other issue is the existing Occupational Safety and Health Service legislation under the Health and Safety in Employment Act which directly points out that second-hand smoke is a workplace hazard. That was reinforced by the Occupational Safety and Health Service manual which also required employers to remove second-hand smoke from the workplace. If that had been enforced perhaps one could argue that there would be no need for this legislation. But given the current climate and the history of New Zealand and the subtlety of the tobacco industry there is an absolute need in my mind for this special legislation to be there. 
From a personal point of view having worked as a research pathology registrar in the United States and having spent a career in obstetrics I have absolutely no doubt about the profound adverse effects of cigarette smoking. The images I saw of blackened lungs when I used to dissect cadavers have been indelibly imprinted on my mind—and not only from the point of view of the lungs but in respect of the whole organ system of the body. Perhaps far more important than that is the impressions that have been left with me as an obstetrician delivering profoundly underweight babies of women who had smoked heavily throughout their pregnancy. The absolute unfairness that those children should not have a chance ever to achieve their potential the absolute unfairness that those children were not free of all the adverse effects of smoke from the moment they were conceived have also led me to believe that it is vital to do everything possible to achieve a smoke-free environment for all New Zealanders to enjoy and particularly the children of New Zealand who often do not have a choice about it. 
During the deliberations on this bill I was amazed and troubled by the reasoning of some people—people I least expected to hear it from. I speak of the Hon Peter Dunne of United Future calling enforcement officers “health Nazis”. That was uncalled for it was inappropriate and it showed that he absolutely did not understand the basic elements of what this is all about—including the science that shows that ventilation systems are just not effective. 
It is important to acknowledge some of the people who have worked extremely hard over many years to ensure that this legislation comes into reality. Last Saturday I attended the Action on Smoking and Health 21st celebration and I want to acknowledge its determined workers who for a very long time were under unimaginable pressure—people such as Dr Murray Laugeson Trish Fraser Jennifer Lamm and Jan Henderson and many others over the years. Physicians other organisations such as the Cancer Society and the National Heart Foundation and individuals such as Professor Robert Beaglehole have made a huge contribution in the genesis of this bill. Within Parliament people from all parties have made big contributions. I acknowledge Tukoroirangi Morgan; Steve Chadwick; sitting up there Judy Keall; my colleague Dr Lynda Scott; and many others who have made important contributions. 
Lastly I want to say that I took the trouble to read through the debates of the 1990s when the Smoke-free Environments Act was in its genesis. The debates suggested that the sky would fall in and all sorts of terrible things would happen. But there are few people who have a sense of freedom who do not celebrate the fact that New Zealand buses trains and public places and even Parliament are now essentially smoke-free. It is patently obvious that I am a keen proponent of the major thrusts of this bill. The underlying philosophy that it will help to allow ordinary New Zealanders in our kindergartens schools and workplaces to be free of the adverse effects of second-hand smoke is worthy of celebrating and worth progressing as one of the most achievable public health measures of our time.