Protection of Children’s Health: Offence of Smoking in a Private Vehicle

Part of Children and Families Bill (Programme No. 3) – in the House of Commons at 6:15 pm on 10 February 2014.

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Photo of Luciana Berger Luciana Berger Shadow Minister (Public Health) 6:15, 10 February 2014

I shall come on to talk about measures on vehicles which were introduced in the 2006 Act. Lords amendment 125 refers specifically to private vehicles.

I also welcome Lords amendments 122 and 123, which deal with nicotine-containing products. I agree with the Minister that it is sensible to prohibit the sale of e-cigarettes to under-18s. E-cigarettes can help smokers who are trying to quit, but they should not be available to children, especially when there are so many question marks about the long-term health effects of nicotine and when concern has been expressed that e-cigs might act as gateway products that could lead some young people to take up tobacco smoking.

I am especially pleased to support Lords amendment 121, on proxy purchasing, which will prevent adults from buying cigarettes on behalf of children. Labour proposed that policy by tabling amendments in the other place last year. It is already illegal to buy alcohol on behalf of under-age children, so it does not make sense that the same offence does not apply to tobacco products given that, if they are used as directed, they kill half of all lifetime smokers. I am glad that the Government now agree with us, but I hope that the Minister will be able to share with hon. Members the Government’s rationale for introducing a maximum fine of £2,500, given that the equivalent penalty for the alcohol offence is £5,000.

Let me turn to Lords amendment 125 and the question of protecting children from adults smoking in cars. I pay tribute to everyone who has campaigned for such a measure, especially the British Lung Foundation and my hon. Friend Alex Cunningham. I also applaud my noble Friend Lord Hunt of Kings Heath, who tabled the original amendment. Since that amendment was successfully passed, the Government have laid out how that Labour proposal could be written into law. In the final analysis, the decision before the House comes down to a simple question: if we know beyond doubt that passive smoking in an enclosed space can do serious harm to a person’s health and that hundreds of thousands of children are being subjected to passive smoking in a car every single week, and if we know from our experience of similar laws passed in this country and others that legislation can have a major impact by changing behaviour and improving public health, should we act and do something, or stand by and do nothing? We say that we cannot afford not to act.