Driver should be liable under smoking in cars law: Society

The driver, rather than the smoker, should be the person held responsible under the proposed law making it an offence to smoke in a car when children are present, according to the Law Society of Scotland.

Holyrood's Health & Sport Committee is currently considering the bill at stage 1, and the Society is due to give oral evidence tomorrow, 16 June.

Ahead of her appearance before the committee, Alison Britton, convener of the Society’s Health & Medical Law Committee confirmed that the Society supported the policy intent behind the bill, but commented: "However, as it stands, the proposed legislation places the criminal liability on the smoker rather than driver of the vehicle. It is our view that it would be more logical that the driver bear the responsibility to ensure no one smokes in the car where a child is present, like the legislation that has just been passed in England."

Reiterating the Society's concerns over enforcing the measure, she added: “We would also argue that this legislation is going to be difficult to enforce, and will present challenges under certain circumstances, such as when the car is moving or in heavy traffic. The enforcing officer would need to be able to see the offence taking place and ascertain the age of any child present.”