Make drivers uphold car smoking law, says Law Society

Drivers should be held criminally responsible for allowing others to smoke in cars with children present, the Law Society of Scotland has said.

The Smoking Prohibition (Children in Motor Vehicles) (Scotland) Bill, which makes it a criminal offence to smoke in cars where children are present, will be debated at stage 1 in the Scottish Parliament later today.

Holyrood’s health and sport committee has recommended that drivers should be held liable as well as the smoker.

Alison Britton, convener of the Law Society’s health and medical law committee, said: “We are supportive of the bill’s policy intent, the harmful effects of tobacco and smoking are undisputed, as well as the effects of second hand smoke, particularly for children.

“We are pleased to see the Health and Sport Committee’s recommendation that the driver be held criminally responsible, as they are the ones who have control of the car and have a duty to ensure the safety and wellbeing of their passengers.

“This would also bring the bill into line with other legislation aimed at protecting children while travelling in cars, such as the duty to ensure a child under 14 is wearing a seatbelt.”

The Society also noted the committee’s support for the inclusion of a statutory defence for the driver, to the effect that he or she took all reasonable steps to ensure the offence was not committed.

Ms Britton said: “We very much welcome the recommendation that a statutory defence be included in the legislation.

“We would suggest that any such defence would have to include something to the effect that the driver had taken all reasonable steps to prevent the passenger from smoking, or that they also had reasonable cause to believe that all passengers were 18 or over.”

Ms Britton also said the Law Society believed the bill should “be expressly extended to prohibit the use of e-cigarettes, until such time more information becomes available as to the long term risks of them, in particular in relation to young people”.