Car smoking ban with children difficult to enforce: Society

The proposed ban on adults smoking in cars while children are present is a laudable initiative, but would prove difficult to enforce, the Law Society of Scotland believes.

In its written submission on the Smoking Prohibition (Children in Motor Vehicles) (Scotland) Bill, a member's bill introduced by Liberal Democrat Jim Hume, the Society maintains that the legislation should link education around prevention of smoking.

Alison Britton, convener of the Society’s Health & Medical Law Committee, said: “The harmful effects of tobacco and smoking are well documented, as well as the harmful effects of secondhand smoke, particularly on children. While we of course support the policy intent behind this bill, which is designed to protect children, it is difficult to see how any such legislation could be appropriately enforced.

“Anyone smoking in a car with children present would be committing a criminal offence and enforcement of the ban would be down to local police officers as part of their wider functions on road safety.

“Under existing powers, police officers would be able to request that a vehicle stops if they suspected an offence was being committed. However we can foresee that there would be challenges in enforcing a ban under certain circumstances, for example when the car is moving, or in very heavy traffic or when more than one person is smoking in the car. In each case the enforcing officers would need to see both the offence taking place and ascertain the age of any child or children present.”

Supporting the education-linked approach, Ms Britton added: “A combined approach is generally viewed as more effective and provides a targeted response in changing patterns of smoking behaviour and promoting tobacco control. We therefore believe that combining legislative provision and a mechanism for addressing the issue of smoking will have a positive impact of the effects of secondhand smoke in locations such as the home or private vehicle.

“The impact of any legislation which aims to reduce the effects of secondhand smoke and child health should also be continuously monitored to assess if it is successful.”

Click here to access the submission.