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Matthew Vella and Julian Manduca
“Politics is the art of compromise,” Health Minister Louis Deguara yesterday told MaltaToday on choosing not to take on the hundreds of bar owners and restaurateurs who acting on a GRTU directive were prepared to breach the smoking regulations come April 5.
The controversial smoking regulations, first published by legal notice in September 2003, became the focus of much contempt from bar and restaurant owners who a month earlier started lobbying against the regulations which demanded them to have smoking and non-smoking zones in their establishments.
On Friday however, following final talks with the General Retailers and Trade Union, the health division decided to postpone the measures for bars and restaurants by six to twelve months. Restaurants and bars over 60 square metres were given up to six months to get in line with the law, whilst those under 60 square metres had a year to come in line. The smoking regulations would be enforced in all the other public places.
Speaking to this newspaper, Deguara, a former smoker, yesterday explained how his decision was based on the ‘art of compromise’:
“The GRTU first complained about realising the existence of the law only a month prior to its enforceability, when this had already been published in September. In a later statement, the GRTU said it had chosen the opportune moment to lobby against the regulations.”
Likewise, Health Promotion Unit director Mario Spiteri said the GRTU had chosen the right moment to strike: “With only one month left to the enforcement of the smoking ban, it would have been illogical to have establishment owners charged when there was not enough time to apply for a MEPA permit to alter their premises or install air purification systems. It is obvious and without a doubt that the GRTU chose the right moment to make noise on the issue.”
Spiteri however denied the health division had done little to promote the legislation, which was published in September, leaving the general public unaware of the regulations.
“I have no doubt the GRTU’s was a deliberate tactic. I assure you every businessmen scours the government gazette and the GRTU knew of these regulations in September. The regulations will be enforced now, and there’s no doubt about it. This is effecively checkmate.”
Deguara denied that the proximity of the European Parliament elections had informed the decision to postpone the smoking regulations, or that this decision was taken under party pressure. He said PN leader Lawrence Gonzi had entrusted him with a decision to be taken and to deal with the GRTU’s demands.
Deguara said the GRTU’s actions would have meant all the bar owners would be taken up to Court on the first day the law came into force. “The art of politics is compromise. Since nobody took advantage of the first six months to take the necessary provisions to have a smoking and non-smoking area, the health division would only have been perceived as arrogant for carrying through.
“The government is not ceding on the basic principle of health safety. All public places save bar and restaurant establishments will be in line with the regulations on 5 April. We did not cede to the GRTU’s requests to have owners chose whether they could have a smoking or non-smoking establishment.”
As expected, the GRTU’s Philip Fenech welcomed government’s decision and told MaltaToday it was not an indication of weakness on the government’s part.
Fenech said the decision was one that was taken in the best interests of all that would have been affected. “For smokers, non-smokers like myself and of course also for the industry, the decision is welcomed as what was being proposed would not have worked.
“What the government was planning was too rushed, would have called major difficulties for industry and would have been impossible to enforce.”
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