§ Dr. GodmanTo ask the Secretary of State for Scotland what statutory provisions govern the extent to which, or means by which, a person can sue for damages or compensation for illnesses caused by passive smoking in the workplace; and if he will make a statement.
§ Mr. Stewart[holding answer 8 June 1993]: There are no statutory provisions expressly dealing with illnesses caused
548Wcancer diagnosed, (ii) have died from cervical cancer and (iii) have undergone treatment and survived, in each of the past seven years.
§ Mr. Lang[holding answer 8 June 1993]: The information requested is detailed in the table:
by passive smoking in the workplace. However, regulation 6 of the Workplace (Health, Safety and Welfare) Regulations 1992, section 4 of the Factories Act 1961 and section 7 of the Offices, Shops and Railway Premises Act 1963 make provision for the ventilation of workplaces. Regulation 25(3) of the 1992 regulations also deals with the provision of suitable arrangements in rest rooms and rest areas to protect non-smokers from discomfort caused by tobacco smoke.
Breaches of duty under these provisions are actionable in so far as they cause damage.