Bermuda Advocates for Non-Smoking has denounced the Ministry of Health?s decision to accept applications from enterprising wishing to be exempted from the smoking ban, but the Ministry says the legislation requires it to review the applications. The smoking law, which will be put in place on April 1, bans people from smoking in bars, restaurants, offices and patios with rooftops.

Yesterday, BANS spokesman Charles Jeffers said he was not happy that there was a possibility some places could be exempt from the rule. ?BANS is dismayed to learn that The Hon. Patrice Minors (Minister of Health) is proposing the setting up of a committee or review board to consider applications from some bars and other enterprises who wish to be designated as smoking establishments.?

However Permanent Secretary of Health Kevin Monkman said the legislation made provisions that companies could apply for exemptions.

He said that the Minister is not required to allow hotels to have smoking rooms but that it is an example of different groups that will be making applications to be exempted from the ban.

But for Mr. Jeffers, smoking rooms in hotels was a different issue. He is concerned about bars and restaurants being exempted from the law.

?Before the total ban, there was expressed concern by some restaurants and bars that anything less than a total ban could have a detrimental effect on the business of those restaurants and bars that are affected by the ban,? he said.

?Why should the health of workers be compromised in those places that are applying for exemption? Patrons have choices. Workers don?t have the same choices.?

Mr. Monkman said he understood Mr. Jeffers concerns that the ban be across the board for restaurants and bars and that it is something the review panel will look at.

In January Mrs. Minors said she would certainly look at applications from bars and restaurants but was ?not inclined? to allow any public places be re-designated as smoking areas.

?Just because the Minister is accepting application, which she is obligated to do under the legislation, does not mean she is granting exemptions,? Mr. Monkman said. ?We appreciate the concerns raised by BANS however the legislation allows business or facilities that are affected by the prohibition to appeal it.?

Mr. Monkman said Minister Minors had decided to set up an independent group that would review the applications and make recommendations. The final decision is made by the Minister and she is under no obligation to follow the group?s recommendation.

Mr. Monkman said that there could be some instances where the Ms Minors may be more open to approval, such as hotel rooms. Currently the law bans smoking in all hotel rooms.

?Around the world when people travel there are usually smoking rooms or smoking floors designated by the hotel,? Mr. Monkman said. ?The independent group will be looking at appeals by hotels to allow certain rooms to be designated smoking rooms.

?The group would look at things such as the ventilation system to ensure that the air from smoking rooms does not mix with the air from clean rooms.?