WHILE this newspaper supported the ban on smoking in public places and is in favour of proportionate attempts to persuade islanders not to use tobacco, Thursday’s ban on cigarette vending machines was quite simply bad government.

No matter whether the outcome was good or bad, the process was lamentable.

Not only did it offend basis principles of good governance, it was also utterly unfair on those businesses and customers directly affected by the decision.

For government to act properly, it has to take informed, transparent decisions and manage any risk associated with them. A knee-jerk ‘ban the machines’ gesture by a majority of members was neither informed nor do they have a clue about the consequences of their actions.

The trade had no chance to respond, to put whatever case it could muster or even to get clarity on in what circumstances machines selling completely legal products might be allowed.

That lack of consultation about the possible removal of a legitimate business income is reprehensible, no matter how much deputies dislike smoking and the sale of tobacco products. It was a denial of natural justice and fair play.

If primary legislation requiring Privy Council approval was involved, a challenge to it on those grounds alone might well succeed: this was the States punishing a group of individuals without affording them a right to be heard.

This move also questions the integrity of the Health and Social Services Department. If a total ban was justified – and could be so shown – why didn’t it make the case in the Billet d’Etat and ask the States to vote for it in an informed way?

Did it know it was really a step too far or did it lack the courage to fight its case on the floor of the Assembly knowing the trade would fight tooth and nail against it?

Knowing that, perhaps it was looking for someone to propose by amendment something which it lacked the courage to advance.

Either way, its support for the amendment was opportunistic and, no matter how desirable the ban might seem, it was not the way for government to behave.