John Armstrong: Smoking ban just Govt covering its butt

No conservative-minded politician ever lost votes by restricting prisoners' rights. Photo / Brett Phibbs

The notion that the coming ban on prisoners smoking in the country's jails amounts to some kind of unfortunate resurrection by National of Labour's "nanny state" inclinations needs to be well and truly put to rest.

Yesterday's announcement seems to be driven much more by the Government's fears it is vulnerable to possible legal challenge by prison guards for being utterly inconsistent in the application of health and safety laws covering the workplace.

The Government may well argue it is acting in the best interests of inmates by forcing them to go cold turkey when the ban comes into force in July next year - though at the same time offering some assistance through "smoking cessation support" and nicotine patches.

But it is not doing that out of the kindness of its heart. It is doing it to cover its own butt, so to speak.

No one will quibble with stopping inmates smoking in their cells, especially given the Government's intention to increase double-bunking.

But applying the ban to all areas of a prison - including existing designated smoking areas - amounts to a curbing of prisoners' already-limited rights and thus cannot be interpreted as anything other than punitive.

The Government counters that there should be no addictive substances in the nation's jails.

There are obvious reasons alcohol should be kept out of prisons. But that argument does not stand up when it comes to tobacco. The ban denies prisoners access to a legal product. On that basis, tobacco should be banned not just inside jails, but in the wider society outside.

Inmates are easy targets, of course. If the ban is seen as punishment for those inside, Corrections Minister Judith "Crusher" Collins won't be unhappy. No conservative-minded politician ever lost votes by restricting prisoners' rights.

Collins will only enhance her standing among the "do the crime, do the time" brigade who also happened to complain the loudest about Labour's political correctness when that party was in office.

Seeing little or no upside in defending prisoners' rights, most of the other parties in Parliament will probably go along with National's ban. The exception should be Act, supposedly the bastion when it comes to protecting individual rights without fear or favour.

Act, however, has long tried to capture a wider audience by looking tough on law and order. Forget nanny state. As one wit observed yesterday, Act's position on the smoking ban in jails may well turn out to be "three Lucky Strikes and you are out".