To ask the Secretary of State for Employment what statutory provisions govern the extent to which or means by which a person can sue for damages or compensation for illness caused by passive smoking in the workplace; and if he will make a statement.

[holding answer 8 June 1993]: There are no statutory provisions expressly dealing with illnesses caused by passive smoking in the workplace. However,

—Regulation 6 of the Workplace (Health, Safety and Welfare) Regulations 1992, section 4 of the Factories Act 1961 and Section 7 of the Offices, Shops and Railway Premises Act 1963, which are in part repealed by the 1992 regulations, deal with the ventilation of workplaces;

—Regulation 25(3) of the 1992 regulations deals with the provision of suitable arrangements in rest rooms and rest areas to protect non-smokers from discomfort caused by tobacco smoke.