New curbs on smoking are a step closer to becoming law in Poland after an amended Anti-smoking Act passed through the Sejm late last week. Paradoxically, the Act allows new freedoms as well.

In its original form, the bill banned smoking outright in places such as restaurants and entertainment venues. However, amendments made by the Sejm allow restaurants under 100 sqm to decide for themselves whether to be fully no-smoking or not; locations over 100 sqm will be able to dedicate a room for smokers.

Most controversially, the amendments will allow smoking areas in hospitals and schools, which is currently prohibited, as opponents have pointed out.

“It will be a strange sight if there’s a smoking area in an oncological institute, where they treat severe cases of lung cancer,” Bolesław Piecha, former deputy health minister and current head of the Sejm’s Health Commission, told TVN24 after the bill passed in the Sejm.

Supporters of the amendments, however, claim that in practice, smoking already takes place in hospitals and schools. It’s better to regulate it, they argue.

“It would be a mistake to create a dead law, meaning the kind that couldn’t be implemented in practice. We need to preserve common sense,” said Civic Platform MP Grzegorz Dolniak.

Smoking will be completely banned in playgrounds, on beaches, at public transport stations and in public transport vehicles. Private advertising of cigarettes will be banned, as will their sale online, but the production and marketing of electronic cigarettes will be allowed.

Breaking the smoking ban carries the risk of a zł.500 fine, while not putting up a no-smoking sign in an establishment or public transport area could bring a zł.2,000 fine.
Two hundred and seventeen MPs voted in favor of the bill, 165 against and 48 abstained. It has now been sent to the Senate for further debate.