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 6:30 pm on 10 February 2014.

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Photo of Ian Paisley Jnr Ian Paisley Jnr Shadow DUP Spokesperson (Work and Pensions), Shadow DUP Spokesperson (Environment, Food and Rural Affairs) 6:30, 10 February 2014

Like a number of Members, I am deeply concerned that this provision means that Parliament will slowly but surely become a farce. If Parliament wants to start legislating on issues for reasons of good public relations, this provision is a good idea. However, if we peel it back and look at the evidence, we will see that it is not essential.

We should take time to reflect on the evidence in favour of the Lords amendments. On legislating to prevent people from smoking in cars when children are present, let us be clear that the law, under rule 148 of The Highway Code, currently prevents a driver from smoking in any vehicle. He or she should not smoke in any vehicle when driving, so Lords amendment 125 is about the behaviour of passengers and not necessarily that of the driver. That will make it even more difficult for the enforcer—the police officer—to determine the actions and age of those smoking in a vehicle. We should be in the business of making good, sound and solid legislation, and I do not believe that this provision has been properly thought out. It should be taken back to the drawing board and we should consider who the passenger is and who the provision will affect.

The issue of enforcement is utterly critical, because the police are already not properly resourced to do the job they are currently asked to do in combating real criminals. If we set up another criminal class in the community, we will have to ask the police to go after them. Some police officers will take great joy in going after a soft-touch conviction, but that is missing the point and we have to recognise that the police would not have sufficient resources to tackle the issue.

The crux of the matter is: how many people actually engage in smoking in a vehicle when there is a child present? All we have heard from Members on both Front Benches is a guesstimate, not facts. When New Zealand carried out a similar action, it found that 0.13% of people smoked in a vehicle with a child present. We are asking this nation to legislate on something that is an incredibly minor problem.