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That any law which requires that citizens use threats in order to enforce that law be repealed.

Comment 6th July 2010

It has been very rare in the past that persons other than the police be required to enforce the criminal law, other than in war time. The Smoking Ban requires publicans to enforce the law by 'not allowing' smoking to take place in their private premises. The only way that they can do that is by using threats.

Why does this matter?

It is important because the use of ordinary citizens to enforce laws with which they violently disagree is wrong. If the use of publicans to enforce the smoking ban is allowed to continue, then what is to stop the law being used to force shopkeepers to refuse to serve fat people with sweets, etc? This requirement of the Health Act 2006 is divisive and thus inimicable to public order.


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