Question
asked Her Majesty's Government:Whether the decision by certain mental hospitals to prevent sectioned patients from smoking, whether indoors or outdoors in the hospital grounds, is compatible with (a) the Human Rights Act 1998; and (b) the statement by Lord Bach on 1 March (Official Report, col. 1535) that it remains legal for adults to smoke if they choose to do so.
Answer
The High Court is considering the issue. It is the opinion of Health Ministers that smokefree legislation is compatible with the Human Rights Act 1998. The Statement of Lord Bach on 1 March does not relate to smoking in hospitals.