The Right to Smoke

Alarmed by figures by the German Cancer Research Centre which say that about 3,300 Germans die of passive smoking annually, the government recently agreed on wide-reaching legislation that would outlaw smoking in public transport and other public buildings. Offenders could be fined up to 1,000 euros.

But that ban does not extend to the German parliament. The government is not entitled to influence the smoking behavior of the 614 MPs in the national parliament building, the Reichstag where images of the pipe-smoking Social Democrat parliamentary speaker, Peter Struck are a familiar sight.

And Struck is by no means alone in fighting for moderate regulations in the German parliament which would continue to allow hardened smokers to puff away in the Reichstag’s hallways and restaurants.

Many say if that’s no longer possible, they should be able to continue to smoke at least in their own offices.

Irresponsible behavior?

Opposition Green Party MP Birgit Bender is appalled at what she describes as the irresponsible behavior of a few to the detriment of the majority of parliamentarians.

“You can’t really explain to people out in the country why they can still see MPs puffing away happily in parliament, while at the same time the government has announced harsh measures to ban smoking at the workplace completely," Bender said. "And there’s no reason to think that visitors to the Bundestag and fellow parliamentarians should not be protected from the hazards of passive smoking. I can only say that the omnipresent wafts of smoke in the hallways of the parliamentary building are increasingly getting on my nerves and respiratory tract and I’m no longer willing to endure them.”

In fact, most German MPs seem to realize that any regulations on smoking in the Bundestag or lower house of parliament which are laxer than those to be imposed on the rest of the country could send out a disastrous signal.

That doesn't mean that a few die-hard smokers across all mainstream parties have given up the fight for their perceived right to harm others.

"A more level-headed approach"

Among them is opposition Liberal Democrat health affairs spokesman, Detlef Parr. Reacting to Birgit Bender’s call for a completely smoke-free Bundestag, Pfarr said a mountain was being made out a molehill.

“Are the Greens high on drugs or why are they constantly seeing crowds of suffering non-smokers whom I just can’t detect anywhere in this building?" Pfarr said. "The legislation as proposed by the cabinet is not yet in the bag, but the Greens want to be two steps ahead yet again and foist regulations on us even before the house has debated the bill. It only goes to show that the Greens like nothing better than bans whenever they’re unable to come to terms with an issue," he said. "We Liberal Democrats think that a more level-headed approach would stand us parliamentarians in good stead.”

Eventually, the matter will have to be decided by the Bundestag’s Council of Elders. It’s already indicated that there must be no special exceptions for smokers among parliamentarians.

And the Council is also in favor of imposing heavy fines for offenders. The police, however, would have no way of enforcing these in the Reichstag building. Their authority ends at the doors of the parliament building.