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  4. Stage 1 report backs bill against smoking in cars with children

Stage 1 report backs bill against smoking in cars with children

24th September 2015 | criminal law

The bill to ban smoking in vehicles in the presence of children and young people under 18 has been backed by the Scottish Parliament’s Health & Sport Committee in its stage 1 report, published today.

However, the committee proposes that the driver should be criminally liable, along with the person smoking, for allowing someone to smoke in these circumstances.

The Smoking Prohibition (Children in Motor Vehicles) Bill is a member's bill introduced by Liberal Democrat MSP Jim Hume. The Scottish Government is supportive but may propose amendments at stage 2.

Whilst the committee supports in principle the use of a fixed penalty notice, it is asking the member in charge and the Scottish Government to consider whether an alternative arrangement such as an education programme could also be put in place.

Convener Duncan McNeil MSP said: “From our work into this issue it became clear that there is strong public support for this legislation. Our committee believes that no child should have to experience the effects of secondhand smoke in cars and that this legislation will tackle significantly this harmful behaviour.

“Whilst the person smoking should be held criminally responsible, we have also proposed that a similar sanction should be in place for the driver. This would also provide consistency with similar legislation in England & Wales.”

Deputy convener Bob Doris MSP added: “A key factor in the success of these proposals will be an effective enforcement regime. We would support this being extended to local authorities who could work alongside Police Scotland to effectively enforce this law, should it be passed by the Parliament.”

Click here to view the stage 1 report.

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