Prisoners do not have a human right to smoke and the public ban on smoking in enclosed public spaces applies to state prisons, the High Court has held.
Although the case concerns prisons, the main issue of law applies to all government buildings.
In Black v Secretary of State for Justice [2015] EWHC 528 (Admin), Mr Justice Singh ruled in favour of Paul Black, an inmate of HMP Wymott, a non-smoker with health problems who was concerned about the effect of second-hand smoke.
The case centred on whether Part 1 of the Health Act 2006, which bans smoking in enclosed public spaces and workplaces, applied to state prisons under the authority of the Crown.
The Secretary of State argued that the Health Act 2006, so far as material, does not apply to any government buildings or spaces, on the ground that the relevant part of the Act does not bind the Crown.
Prison policy is that inmates are permitted to smoke in their own cells but not in common areas. Similarly, staff are not permitted to smoke in common areas.
Mr Singh held that the 2006 Act applies to all public places and workplaces which fall within its scope, including those for which the Crown is responsible, therefore both state and private sector prisons are bound by it.
However, he rejected the claimant’s arguments that his human rights had been breached and that there had been a breach of the Prison Rules 1999.
Mr Singh stayed his order pending any appeal.
A Ministry of Justice (MoJ) spokesperson said: “As this is an ongoing legal matter it would not be appropriate to comment further.”
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