Jim Hume MSP launches consultation on measure to ban smoking in vehicles with children present

Liberal Democrat MSP for the South of Scotland Jim Hume this week launched a consultation on his Members' Bill which would see smoking banned in vehicles where children are present. When I initially flagged this up on Liberal Democrat Voice a few weeks ago, there was a mixed reaction to the proposals.

Jim says in the foreword to his consultation document:

Recent research has shown that 17% of 11-16 year olds in the UK are exposed to second-hand smoke more than once a week while in a car with a further 30% indicating exposure once a week or less. These are shocking figures. I believe we can improve on the ban on smoking in public places and places of work, further protecting our children.

Research has found that second-hand tobacco smoke in cars has serious negative health impacts for children, including Sudden Infant Death Syndrome, coughing, wheezing, asthma and respiratory tract infections such as bronchitis and pneumonia. Not to mention the known risk of lung cancer from second hand smoke and the fact those exposed to second hand smoke as children are more likely to take up smoking themselves in later life.

Some children have no option but to go into a smoke filled car en route to the school, shops or their sport. I believe we have a moral duty to protect those children from second hand smoke, which will allow children to have the freedom to get the best start in life and go on to lead healthy lives themselves. I believe we need to remove the danger of smoke filled cars and ban smoking in cars when children are present. That is why I am consulting on the intention to bring in a Member’s Bill which will prohibit tobacco smoking in cars when children are present.

Penalty

The penalty Jim is proposing is similar to that for using a mobile phone while driving - an on the spot fine of £60. There would be no penalty points on a driving licence, though, as you wouldn't have to be driving to be in breach of this offence.

This might ease the concerns of some that a social services investigation would ensue on conviction.

Medical evidence

The document contains 9 pages of hard hitting, credible medical evidence outlining the case for change. In some ways, I think that some of that should be used to create a public awareness campaign on the dangers children face if you smoke in a car near them. If Jim's measure leads to that, surely it will be a big step forward.

Scots have until 30th August to respond to the consultation, which asks 11 questions. One issue that immediately comes to mind is how to raise awareness in other parts of the UK so that visitors to Scotland are aware. You can read the whole document and find out how to respond here.

Banning smoking in cars where children are present: what do you think?

North of the Border, the war on smoking continues. Today, larger shops are no longer allowed to display cigarettes. Now, Scottish Liberal Democrat MSP and health spokesperson Jim Hume is introducing a Member's Bill in the Scottish Parliament which will ban smoking in cars where children are present. His proposal will be put out to public consultation from 28th May. Talking about his plan over the weekend, he said:

The tobacco display ban is another welcome step in changing Scotland’s relationship with smoking which began with the ban in smoking in public places. But more can be done in our journey towards a healthier Scotland.
Passive smoking is entirely avoidable a

nd a private vehicle is one of the few places a child can still be legally exposed to tobacco smoke. That is why I am seeking a change in the law to safeguard the rights of children in Scotland and to give them a better start in life. My consultation to ban smoking tobacco in vehicles while children are present will be launched on the 28th May.

I stand alongside the British Heart Foundation, British Lung Foundation, Children in Scotland and ASH Scotland, amongst many others, in seeking a change to the law and hope that people and organisations from across Scotland can take part in this important consultation.

It doesn’t seem fair that any child should have to be trapped in a car which is filled with smoke. When you consider the real implications this can have for a child’s immediate and future health, it is clear we need to do what we can to protect children and give them the best start in life.

I have written several times about this issue over the year. In 2011, when Labour came up with this proposal, I said:

I think that the smoking ban introduced in 2006 by the Liberal Democrat/Labour coalition is one of the best pieces of legislation ever, because it strikes the right balance between freedom to smoke, and freedom to breathe air free from the poisons in cigarette smoke.   That covers public space, though. What about private space?  If we ban smoking in cars, surely there’s an argument to ban it in houses? And alcohol is harmful too – we know about the effects of growing up with parents who abuse alcohol. Do we ban drinking in a house where there are under 18s? What about obesity? Do we give the state the right to go through people’s food cupboards and fine per chocolate bar or crisp packet because obesity is such a problem and is going to cost us a fortune in the future?  If the issue is with the proven risks of cigarette smoke in a very confined space, you don’t get much more confined than a womb. Do we ban smoking in pregnancy? Even if we thought that was a good idea, which I don’t, how on earth do you enforce that?

My view hasn't changed since then and in fact I spoke to someone last week who said that a conviction of this nature might well end up with parents being automatically investigated by social services which might stretch already insufficient resources even further.

Having said all of that, I have a great deal of sympathy with the arguments in favour of such a measure and I do think that smoking around children at all is horribly inconsiderate and takes unacceptable risks with their future health. This is one of those issues where you can make a liberal argument from either perspective.

It is undoubtedly a good thing that this is being debated. At least some of the risks and dangers of the practice will be discussed openly and may encourage people to change their behaviour.  I wondered what LDV readers thought of the idea. Let us know in the comments below.