Smoke ban opposition prepares case for judicial review

Related tags Judicial review Smoking Smoking ban

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Freedom to Choose, www.thebigdebate.org have reported their judicial review on the smoking ban element of the Health Act is on time and on target. NEW COMMENT

Freedom to Choose, www.thebigdebate.org​ have reported their judicial review on the smoking ban element of the Health Act is on time and on target.

Speaking exclusively to the MA, their leader and spokesperson Robert Feal-Martinez said,

"We had a full consultation meeting last week with Jaswinder Gill of Ormerods.

"Mr Gill is a Judicual Review specialist and has indicated that we have a number of key areas on which to challenge the Government.

"We have devised an action plan and are currently collating the evidence ready to refer to our Barrister"

He went onto say that Mr. Gill has consulted with Richard Gordon QC a top civil rights Barrister who is keen to take on the case.

The man for usMartinez said, "Obviously we are delighted with this news, we identified Mr. Gordon early on as the man for us, and hopefully this will be the case."

Freedom to Choose now needs to raise the money for the case and would ask that any group, company or individual who can financially assist gets in touch.

More and more supportMartinez said,"We have been writing to individual members of various trade bodies as we feel the executives of the main organisations have let their members down. We are getting more and more support."

He concluded by requesting that trade leaders now get involved, "Surely it's better for Pubco's and brewers to donate a few thousand to our fight rather than spending millions which in the end we believe will not be necessary. Our legal team are confident we can win. So are we."

This statement follows news of a Blackpool licensee who is creating "the biggest one man protest the UK has ever seen" to read his story click here

To comment on this or any other story email us by clicking this link​ - please indicate which story you are responding to.

Your comments

Bill Gibson via email, 01/09/2006Interest in this Judicial Review has spread far and wide, concerned members of the hospitality industry have made contact from all corners of the U.K. as well as the Isle of Man and Guernsey.

Now the truth will emerge in a court of law that will yet again show the nation that the socialist Government cannot be trusted as it is clear that they along with various pressure groups have and continue to con the public and trade bodies with their lies.

Alastair Elliot​ via email, 01/09/2006Fantastic news, what more to say other than everyone get behind Bob and pledge as much as you can to help fight this case.

Jackie Fadden​ via email, 02/09/2006Why are we having to fight this legislation?

Having asked for parliament to be dissolved for the 2005 election

"Mr Blair told reporters in Downing Street the election presented a "big choice".

"The British people are the boss and they are the ones that will make it," he said.

so therefore why didn't he put his money where his mouth is and let the british people decide?

Aall licensee's should support the campain for the judicial review whether they agree or disagree with it. at worst it will not succeed at best it will but lets not forget the middle ground where all can save face and let the people decide.

Blad Tolstoy​ via email, 03/09/2006Excellent news and a big thank you to all those who have worked so hard to bring matters to this point!

Colin Grainger​ via email, 04/09/2006I also extend my congratulations to the strong leadership of The Big Debate/Freedom to Choose, and the tireless work of its members. We have come a very long way in a few short months. We have built up a case for the JR that will bring about huge change if it is successful. Confidence is hig/h. Well done to all!

I echo Alastair's request for more people in the hospitality trade to get behind us. We need more funds to fight for your rights, as well as ours.

What's a few bob now compared to shutting down your business, like many have in Scotland already, to joining a campaign that may just save you from going under? Pubs are closing at a rate of just over one per day in Ireland. You have an option now to prevent that from happening in England.

Please do all you can to support this campaign.

Mandy Vincent​ via email, 04/09/2006I Would like to say a BIG thankyou to Bob and everyone who has worked hard to get this far, and having the Guts to stand up to the goverment and lies the people have been fed.

Steve​ via email, 04/09/2006Very few people are fooled anymore by the passive smoke myth; 150 statistical studies costing millions and that show absolutely nothing.

Real science, measuring real particles in real environments proves there is no risk.

For too long these myths have been spread by anti-smoking hate groups who have a misguided belief that they have a human right to entertainment of their choice in someone else's pub.

Well done the big debate; This draconian law gives no choice to smokers or to publicans; I have donated to protect those freedoms of choice.

Wayne​ via email, 04/09/2006This is great news, I myself do not smoke very much, but have donated a nice sum to TBD, come on all you smokers and people who want freedom of choice, please help with a donation, however big or small, and LET'S PUT ONE OVER ON THE GOVERNMENT, let's get the real science out there, as if we don't it will not stop there, next they want you to drink only three pints per night.

Tony Blows​ via email, 04/09/2006I have only one thing to say.! Bob will you stand as PM. You`ll get my vote every time, well done mate.

Sharon Donald​ via email, 04/09/2006The government will not lose one penny bringing in a smoking ban in pubs and clubs they will continue to collect 75% of the cost of a packet of cigarettes which equates to 9 billion a year, their coffers will continue to fill. The only losers will be the businesses hit by this ban as smokers choose to stay at home to drink and smoke a cigarette at the same time. A judicial review will bring out the truth in a court of law. As a smoking customer I wish Robert Feal-Martinez the very best in his pursuit of justice for Publicans and all of their customers.

Phil Button​ via email, 04/09/2006Thanks BobFM. Thanks to Alaistar. Thanks to Dave C. Thanks to Lol McLatte. Thanks to all donors, they'll want your kidneys soon so keep 'em well flushed.

This a remarkable effort and we all hope will reap rewards.

Keep it up chaps and lasses and a big appreciative hug to The Morning Advertiser for all this coverage.

Regards

Fag Ash Phil AKA Popeye

Michael J. McFadden​ via email, 05/09/2006 I must say I'm happy to see Mr. Martinez and Freedom's case advancing. I believe they've got a good shot at fighting the bans and deserve support. The bases for these bans are weak and filled with errors, misdirections, and flat out untruths.

If you visit http://www.smokingbanwales.co.uk/english/ you'll find all sorts of proban propaganda, but never a mention of some of the criticisms that have been made of it.

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