I am in favour of banning nicotine in schools. But there must be clear limits on where and to whom the ban should actually apply. This is what the Swedish Bar Association writes in its consultation response to the report "Safe childhood without nicotine, alcohol and nitrous oxide".
The proposal to introduce a so-called nicotine ban for primary school pupils and secondary education are the subject of much debate. Once across 50 respondents have now given their opinion and the answers are on the government's table pending a possible strong legislative proposal.
As Vejpkollen previously reported, two organisations close to schools, the Swedish Association of Local Authorities and Regions and Almega critical of the proposal. They argue that a ban of this kind is likely to jeopardise teaching, especially as teachers will be expected to enforce the ban, taking time and energy away from already busy teachers.
No geographical demarcation
But others see the proposal in a more positive light. Swedish Bar Association sees no problem with extending the smoking ban to other nicotine products. However, they object to the fact that the ban, in its proposed form, has no geographical boundaries. According to the report, the ban should apply to "the area around the school that school staff can supervise and where there may be an impact on other pupils, for example on their way to or from school".
Teachers are not always authorised to intervene
And that's where things get weird, says the Law Society. It can be difficult for teachers to act on the ban, depending on the location and interpretation of the law.
"The proposal lacks predictability and it is questionable what scope school staff have to act outside the school grounds, even if they consider it appropriate. As school zones vary according to their location, each individual school should be required to define the area within which it perceives it is responsible for enforcing the ban and then communicate this to pupils and parents." writes Federation in its consultation response.
Clearer definitions
The Bar Association therefore urges the legislator to clarify to schools how to deal with different situations where the term 'school time' is used.
"The ban shall apply outside the designated area for school trips, school excursions and other school events outside the area designated by the school, when pupils remain under the responsibility of the school." the association writes.
Should not apply to teachers
They also point out that teachers who want to use nicotine products should not, and cannot, be subject to the proposed prohibition.
"The legislator clarifies in the preparatory works that school staff are not covered by the law, and that the law does not presuppose anything regarding their use of the products that are prohibited for use during school hours and in certain areas for pupils." writes the Swedish Bar Association in its consultation response.
Vejpkollen continuously follows the consultation responses received by the Ministry of Social Affairs regarding the investigation "A safe childhood without nicotine, alcohol and nitrous oxide". The consultation period ended on 30 August 2024.
