Health committee backs smoking ban in cars with kids

Duncan McNeil

Holyrood’s health committee has backed legislation to introduce a ban on smoking in vehicles in the presence of minors.

The committee’s stage one report into theSmoking Prohibition (Children in Motor Vehicles) Bill backs the general principles of the bill, describing it as an “important step in protecting children from the harmful effects of exposure to second-hand smoke”.

However, the committee proposes that drivers should also be criminally liable for allowing someone to smoke in their vehicle in the presence of minors - which they say would mirror similar legislation on children’s safety, such as seatbelt laws for under-14s.

The committee has also asked the Scottish government to consider “an education programme” as a potential alternative to a fixed penalty notice.

Duncan McNeil MSP, convener of the health and sport committee said: “From our work into this issue it became clear that there is strong public support for this legislation. Our Committee believes that no child should have to experience the effects of second hand smoke in cars and that this legislation will tackle significantly this harmful behaviour.

“Whilst the person smoking should be held criminally responsible, we have also proposed that a similar sanction should be in place for the driver. This would also provide consistency with similar legislation in England and Wales.”

Bob Doris, deputy convener of the committee, added: “Whilst education campaigns alone have made some headway in tackling misconceptions about second-hand smoke, it is clear that more needs to be done. We need to send a clear message that for children there is no safe level of second-hand smoke in vehicles.

“A key factor in the success of these proposals will be an effective enforcement regime. We would support this being extended to local authorities who could work alongside Police Scotland to effectively enforce this law, should it be passed by the Parliament.”

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