Prisoners who smoke face double whammy
Wednesday, June 20, 2007 
I was interviewed this morning by a radio station on the Isle of Man where smoking will not be banned in enclosed public places until March 30, 2008.
Anxious, perhaps, to attract some attention now, the island government has announced that it will go one stage further than the rest of the UK and ban smoking in prison as well. Not just in cells or designated smoking rooms, but outdoor areas too.
Home affairs Minister Martyn Quayle MHK commented:
"Although the Isle of Man will be among the last to prohibit smoking in public places when the ban comes in on March 30, 2008, we could be the first in Britain and possibly in Europe to have a smoke-free jail when the new prison opens at Jurby. It will provide clean air, free from the harmful effects of secondhand smoke, to staff and prisoners and will encourage prisoners – the majority of whom smoke – to break their addiction to nicotine."
The telling phrase is the hopeful boast that "we could be the first in Britain and possibly in Europe to have a smoke-free jail". It reminds me of Ireland, 2004, when politicians and media revelled in the fact that Ireland was "leading the world" with its public smoking ban. It's as if governments are having a race to see who can be first to introduce the next draconian piece of anti-smoking legislation. Think of the headlines! Think of the awards!
As it happens, I don't believe that inmates have a right to smoke in jail, any more than they have a right to drink alcohol. If you get sent to prison you have to the face the consequences, and one of the consequences is that you may not be able to smoke tobacco (although you will almost certainly be able to get your hands on plenty of illegal drugs).
Nevertheless, while smoking in prison isn't (in my view) a human or civil right, I don't believe that banning inmates from smoking is entirely sensible. Like it or not, smoking is a stress reliever for many people and there can't be many more stressful places than the UK's overcrowded jails. Allowing staff and inmates to smoke in exercise yards or designated smoking rooms or cells (with another smoker) makes perfect sense to me. But I'm not a politician.
PS. In 2004, when we launched our 'Fight For Choice' campaign, we produced a series of posters and postcards, one of which featured the image above. Little did we suspect that smoking in prison would also be on the agenda.
Reader Comments (24)
I don't know if they will get away with this one. Do you remember a year or so ago, when a group of prisoners took the prison authorities to court for denying them their drugs whilst they were in prison? As far as I can remember the prisoners won their case and were awarded generous compensation.
Obviously I did not agree with that particular case, but if the prisoners in the Isle of Man prison can make the same point, and win it as the other did, then I applaud them whole heartedly.
If they fail, then I suggest that maybe they should climb onto the prison roof and throw slates down, as a recent prisoner did, who was refused Kentucky Fried chicken and chips, poor soul!
I would agree with Simon that prisoners shouldn't have the rights of those not in prison if they are in prison for real crimes rather than political crimes. A real crime is any action that damages persons or property without their consent. Murder, rape, assault, stealing and damaging the property of others are real crimes. Smoking on the property of someone who is happy to have you do so is not.
Bernie, you make god point about what should be treated us crime in civilised society.
I think that problem is that we not living in secular society because not only the government but as well most of population is hijacked by ANTI SMOKING CULT.
With the draconian day moving ever nearer, does anyone out there know the current status of the rebels (Nick Hogan). Are there pubs that will defy the ban, or have people bottled out.
hello we are both smokers and have invested in our own pocket ashtrays. We have several close Friends who are NON smokers, and feel really sorry for us smokers as the Government have gone OTT with Banning smoking OUTSIDE Many Resteraunts in Godalming will NOT allow customers to smoke outside. My Husband also goes to a local Garden centre where NO smoking at all outside. Yet a few Hotels are still allowed to keep rooms for guests to smoke How very odd and what a load of New Rules keep being added !! There will be a HUGE Revolt about smoking and Riots etc GOOD Job too Regards Amandah
Message for Mr Grainger
Sorry to contact you like this Mr Grainger, but you did say about a week ago, that you would help me regarding membership of Freedom to Choose. I signed up on their website quite some time ago, and still have not heard a thing. I know you are something to do with that site and wondered if you could help? I also made a small donation to their site, and have not had any email from them regarding that either?
I have no wish to stop prisoners from smoking tobacco, but we could all claim that we are being made prisoners in our own country and then start doing what the prisoners did. We could (well, the more abled-bodied ones) climb up on to pub rooftops and start demanding kentucky fried chicken and chips!! Amandah - the more people start extending this ludicrous situation, the more I feel that we are on the brink of something - as each day passes, people are becoming increasingly angry and the thunderstorms we are experiencing are not the only storm clouds which are looming rapidly - let's hope for a few more twisters - of the human variety!!:)
Is there anyone on this site with legal knowledge.
If certain individuals take this to court based on human rights, what would be the likely outcome.
http://www.freedom2choose.co.uk/mission_statement.php
Hello Andrew, there is another website http://www.freedom2choose.co.uk/ which are in fact doing just that, Have a look. On that same site there is a very interesting "You-Tube" clip of the founder of Freedom2Choose, saying exactly what it is all about, have a look on http://www.freedom2choose.co.uk/mission_statement.php
Peter
Thank you
If you listen to this, it would appear this ban is illegal.
I don't agree in any way that prisoners should not have the right to smoke in prison. (Rights, bt the way, are forensic entities and given by law.)
The reason why I don't agree in any way with this nonsense is because I see it for what it really is: yet another way to get at smokers.
Peter,
Call me Colin, please.
I will chase it up and let you know what is happening. Thank you for joining us and thank you for your donation.
If you (or anyone else here, for that matter) wish to contact me via email, I can be reached at colin@freedom2choose.co.uk
There are now five separate legal actions in the works. Angles of attack are varied and all have merit. Sources tell me that HMG are "quite concerned".
Peter
I've responded to you on behalf of Freedom to Choose. Sorry for the delay.
Blad, I agree entirely - it's another attempt to force people to quit smoking. Now, I generally don't give a monkey's left nut for a convicted criminal but remember a lot of innocent people go through the system as well - if held on remand awaiting trial. If this becomes widespread then it'll effect them too.
Peter,
Your TBD account was activated on 18th June.
Come and get stuck in!
When you log on, check your personal messages (PM's) and you will see one from Belinda.
Colin
Can I join please.
I think A ban in prisons could only be in our best interests. They would no doubt band together wreck the roof, draw attention a nd claim there human rights and probably get them.Surely the whole idea of the exemption was to avoid this happening. because if they won it would show that human tights are in fact within reach
Andrew,
Of course you can!
Go to www.thebigdebate.org and follow the instructions to register.
Colin
Thank you, would prefer adult chat line, wouldn't want to offend the younger ones.
I don't know if I am registered but I want to register. I signed the petition and I have sent a donation to the solicitors - if not, I shall go back on to the website.
Jenny,
If you hail from North Yorkshire, you are good to go!
Welcome aboard.
Colin - indeed I do, anchors away!!
One problem with the idea that those found guilty of serious crimes not being exempt from smoking in their cells, is the problem we can all face. How many times have prisoners been freed on an unsafe verdict. Should these have to forgo their rights because of Blind Justice. Just think how we would feel under these circumstances. Its happened all too often in the past. At least we still have the option of smoking at home. That is until that is taken from us.
Did you notice that phrase of the tiresome 'Home Affairs Minister' Martin Quale that (the Ban) 'will encourage prisoners - the MAJORITY OF WHOM SMOKE - to break their addiction to nicotine' ?
Is this yet another clumsy ploy on behalf of the Health Gauleiters to associate smoking with CRIMINAL behaviour...........?
Or, perhaps the House of Keys (how quaint that sounds) is still a little miffed at having to give up its ban on homosexuality.
Who knows..............?