Skip to content
Law Society of Scotland
Search
Find a Solicitor
Contact us
About us
Sign in
Search
Find a Solicitor
Contact us
About us
Sign in
  • For members

    • For members

    • CPD & Training

    • Membership and fees

    • Rules and guidance

    • Regulation and compliance

    • Journal

    • Business support

    • Career growth

    • Member benefits

    • Professional support

    • Lawscot Wellbeing

    • Lawscot Sustainability

  • News and events

    • News and events

    • Law Society news

    • Blogs & opinions

    • CPD & Training

    • Events

  • Qualifying and education

    • Qualifying and education

    • Qualifying as a Scottish solicitor

    • Career support and advice

    • Our work with schools

    • Lawscot Foundation

    • Funding your education

    • Social mobility

  • Research and policy

    • Research and policy

    • Research

    • Influencing the law and policy

    • Equality and diversity

    • Our international work

    • Legal Services Review

    • Meet the Policy team

  • For the public

    • For the public

    • What solicitors can do for you

    • Making a complaint

    • Client protection

    • Find a Solicitor

    • Frequently asked questions

    • Your Scottish solicitor

  • About us

    • About us

    • Contact us

    • Who we are

    • Our strategy, reports and plans

    • Help and advice

    • Our standards

    • Work with us

    • Our logo and branding

    • Equality and diversity

  1. Home
  2. News and events
  3. Law Society news
  4. Drivers should bear responsibility for smoking in cars Law Society says

Drivers should bear responsibility for smoking in cars, Law Society says

15th June 2015 | Law Society news

Drivers should be those held liable for people smoking in cars when children are present, not necessarily the smokers themselves, the Law Society of Scotland said today 15 June. 

Ahead of giving oral evidence to the Scottish Parliament’s Health and Sport Committee on the Smoking Prohibition (Children in Motor Vehicles) (Scotland) Bill, the Law Society has also reiterated its concerns that whilst a ban on adults smoking in cars while children are present is laudable, it would prove difficult to enforce. 

Alison Britton, convener of the Law Society’s Health and Medical law committee said: “Of course we support the policy intent behind this bill, and the harmful effects of smoking and second hand smoke are well documented.  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. 

“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.” 

Alison Britton is giving evidence on the Smoking Prohibition (Children in Motor Vehicles) (Scotland) Bill to the Scottish Parliament’s Health and Sport Committee on 16 June at 11am. 

ENDS

Notes to editors 

The Law Society of Scotland’s written evidence can be found on our website.

FOR FURTHER INFORMATION: Please contact Louise Docherty on 0131 476 8204 or louisedocherty@lawscot.org.uk>

 

 

Add To Favorites
Law Society of Scotland
Atria One, 144 Morrison Street
Edinburgh
EH3 8EX
If you’re looking for a solicitor, visit FindaSolicitor.scot
T: +44(0) 131 226 7411
E: lawscot@lawscot.org.uk
About us
  • Contact us
  • Who we are
  • Strategy reports plans
  • Help and advice
  • Our standards
  • Work with us
Useful links
  • Find a Solicitor
  • Sign in
  • CPD & Training
  • Rules and guidance
  • Website terms and conditions
Law Society of Scotland | © 2025
Made by Gecko Agency Limited