Assembly Bans Smoking in Cars with Kids

(Pic : Wales Online)

Within the last hour, the National Assembly approved new regulations outlawing smoking in cars when carrying under-18s.

Why?

The Welsh Government were granted the powers via the Children & Families Act 2014 (which amended the NHS Act 2006), after the Assembly gave the UK Government permission to extend the law's provisions to Wales.

The obvious intention of the new regulations is to reduce the risk of childrens' exposure to second-hand smoke (aka. passive smoking). It's argued that failing to do so would compromise the right of children to protection from environmental dangers under the United Nations Convention on the Rights of the Child (UNCRC).

Passive smoking is a cause of lung disease, and smoking in an enclosed space like a car will increase the concentration of pollutants and cancer-causing chemicals in the air. In the explanatory memorandum (pdf), research from the Chartered Institute of Environmental Health showed these chemicals were still present in the car at harmful levels two hours after smoking - even if the windows are opened.

Surveys have shown the percentage of children being driven in cars where smoking is allowed has declined since 2007, from 20.4% to 8.9%. The number of children exposed to smoke in a car within the previous day also fell over the same period from 8.9% to 3.6%. However, levels were higher when parents were smokers themselves and the explanatory memorandum says, "there remains a cohort of adults who continue to smoke when children are present in private vehicles".

The Assembly Debate

Health Minister, Mark Drakeford (Lab, Cardiff West) said, "Children cannot escape from toxic chemicals when travelling in cars", and often have little choice whether they travel in cars. He added that 86% of respondents to the public consultation agreed with their approach, describing it as "one final push" to change behaviour.

Shadow Health Minister, Darren Millar (Con, Clwyd West), supported the motion, saying adults can make an informed decision on smoking while children can't. He was pleased it was being introduced on the same date as in England and was done in co-operation with UK Government. Darren also mentioned the potential "saving to the public purse" from the long-term public health impact.

Lindsay Whittle AM (Plaid, South Wales east) described it as an "excellent day", as the statistics on the harm caused by passive smoking speak for itself. He said people were "extremely irresponsible adults or parents" if they smoke in a car with a child. Lindsay asked for ambiguities in the regulations (on smoking ages etc.) be make clear in public information campaigns.

Welsh Lib Dem leader, Kirsty Williams AM (Lib Dem, Brecon & Radnor), described policies which "ban behaviour" as complex issues for those who believe in personal liberty. She questioned how long it would be until people are told they can't smoke in front of children in their own home? However, she accepts that smoking in enclosed spaces was more damaging to health than smoking in open areas, so under John Stuart Mill's "harm principle" she would support the regulations.

Peter Black AM (Lib Dem, South Wales West) worked on the committee which introduced the indoor public smoking ban and fully supported it. He had reservations on enforcement on this ban due to contradictions on smoking ages (it's legal to smoke aged 16, but illegal to buy tobacco until aged 18), asking whether a parent driving a car where their 17 year old is legally smoking would be prosecuted (Owen : My interpretation of the rules is they would be)? He would vote against the regulations because he was worried where these regulations were heading.

In response, the Health Minister said that while parents had a right to smoke, children had rights too and in this case the rights of children were paramount. He repeated that in a home, an adult can go to another room when smoking, but a child can't go anywhere else in a car. Mark said the regulations were about "creating a different culture" and they would've failed if, in the end, parents are continuously prosecuted. The Serious Bit

Stationary camper vans and caravans are exempt, because nothing bad happens in camper vans....
(Pic : via tvcritic.org)

The regulations (pdf) are an update/amendment to the Smoke Free Premises Regulations 2007.

• Any driver or passenger aged over-18 who smokes, or fails to prevent someone smoking, in an enclosed private vehicle (convertibles and open-tops are presumably exempt) whilst there's someone aged under-18 in the same vehicle will be liable to a fixed penalty fine.
• The fine will be £50 - payable within 29 days. This falls to £30 if the fine is paid within 15 days.
• Failure to pay a fine could lead to a court-issued fine of up to £2,500.
• A single under-18 smoking in an enclosed private vehicle would be exempt.
• Stationary caravans and mobile homes are also exempt (when being lived in). Public transport, sea vessels and aircraft are subject to separate regulations and are usually strictly non-smoking.

The new regulations were approved by the Assembly by 46 votes to 1 (Peter Black, presumably) and will come into force from 1^st October 2015.

Although I'm not a fan of the tendency of AMs to opt for knee-jerk bans, I'm not going to argue with this one in principle.

However, although well-intentioned, I agree with Peter Black in that these rules sound like they're going to be hard to enforce and will probably require some really unfortunate timing to get caught out (i.e lighting up while picking children up at school just as police or traffic wardens are doing parking checks). It probably would've been easier to have introduced a blanket ban on smoking in private vehicles when carrying passengers – regardless of the age of said passengers.

Although the Health Minister said he expects traffic wardens and police officers to "use their discretion", and they'll have the power to issue warnings, I'm picturing them crossing a road - like a Portuguese referee flouncing halfway across a pitch to give a yellow card - only to discover the child being exposed to smoke in the back of the car is actually a 35 year old little person.

I wouldn't expect many fines to be issued under these rules. As the Health Minister said it's an eye-catching part of the Welsh Government's public health campaigns rather than a draconian, liberty-sapping law change.

As I said, I can't argue with the principle and I intend to return to smoking and vaping – in the same way as alcohol – in the autumn; plus, the long-awaited Public Health Bill is due to be introduced next week.