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RIACH: Parliament is the arena for smoking ban 

But as Lord Nimmo Smith pointed out, the hearing before him was not a public inquiry into the issues relating to smoking and health. The Scottish Executive has emphasised that the ruling will have no effect on its plans to push through legislation to prohibit smoking in public places. . . .

The McTear decision and the two bills highlight the distinct roles of the court and parliament. In claims for personal injury, judges determine cases on a balance of probabilities, having heard factual and expert medical evidence on oath.

The legislature is not concerned with burdens of proof. Members of the parliament simply have to assess the evidence presented to them on public policy grounds. It is clear that the most effective method of addressing the impact of smoking on public health is not through an individual piece of litigation in the courts, but through legislation in the parliament.

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