The leader of one of Scotland's largest councils was last night forced to apologise after being caught smoking in his office.
Jim McCabe, the Labour boss of North Lanarkshire, repeatedly lit up in an interview with a reporter despite having local responsibility for enforcing the smoking ban.
Campaigners for and against the ban said Mr McCabe should feel the full weight of the law for his hypocrisy and be made to pay the standard fixed penalty of £50.
However, North Lanarkshire said he would not be fined as it was not its practice to fine individual smokers - instead it focused on premises which allowed it.
Mr McCabe's nicotine addiction came to light yesterday after Holyrood magazine published an interview which described him smoking inside the council HQ.
He "sparked up three cigarettes during the course of the interview - in his office and in spite of the fact that, as the council leader, he is responsible for the implementation of the much heralded ban on smoking in enclosed public places".
Jacq Kelly, who interviewed Mr McCabe, said he asked her first if she would mind him smoking. "I said I personally did not mind but it was against the law...he just carried on smoking. He was not trying to make a big statement or a point, he was just dying for a smoke."
Mr McCabe, 66, said he had been a smoker since his mid-teens and had found it extremely difficult to quit, despite attending a smoking cessation clinic, and it was his practice to go outside before lighting up.
"I have the fullest respect for the law and for the intention behind the smoking legislation. I accept that I was in the wrong on this occasion and I apologise."
Since March, when the ban came into effect, anyone smoking in an enclosed space has been liable to a fixed fine of £50 per offence, while owners of premises which allow smoking can be fined £200.
Neil Rafferty, spokesman for pro-smoking group Forest, said: "It seems to be one law for us and one law for them. It is disgraceful. The Labour Party duped people into this law. It was not in their manifesto. Now they are sitting back, laughing at us."
Maureen Moore, chief executive of ASH Scotland, the anti-smoking charity, was equally critical of Mr McCabe.
She said: "No-one is above the law. It is extremely disappointing that Jim McCabe, as leader of North Lanarkshire Council, is so flagrantly and repeatedly breaching Scotland's law on smoke-free enclosed public places."
Lynn Sheridan, the Solidarity candidate for Central Region, added: "Jim McCabe blatantly breaks the smoking law, when he as leader is meant to give an example to his staff and the citizens of North Lanarkshire."
Asked why Mr McCabe would not be fined, a council spokeswoman said: "We do not target individuals, so there won't be any fixed penalty notice issued. This would be the practice whether it was an employee, councillor or visitor to our building."
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