Drivers and passengers of cars in England both face being slapped with huge fines if they are caught smoking with children present.
In February of this year MPs voted in a majority for an amendment to
the Children and Families Bill, for a ban on smoking in cars carrying
children.
However, new regulations could result in
drivers of the vehicle actually incurring a fine of over 10 times that
of the maximum £800 charge for the person who is smoking (i.e. the
passenger).
There are health campaigners who stress such a strict move will save
thousands of lives, with children not being forced to inhale the
dangerous, toxic chemicals contained in each cigarette.
Opposition to the proposed penalties argue it is ‘excessive and
unnecessary’ and merely an example of the government ‘flexing its
muscles’.
The idea for the smoking ban in cars was passed by a clear majority
of MPs in February, resulting in ministers having to devise clear
legislation on the matter.
The cabinet reshuffle on Tuesday led to a consultation leaking out
with details of the regulations. In the small print contained
information about what offenders can expect to be hit with, stating: ‘A
person who does not comply with the law would be committing a criminal
offence.’
For anyone caught either lighting up in a smoke free vehicle, or
failing to prevent smoking in a smoke free vehicle, enforcement officers
will be able to issue a £50 fixed penalty notice.
If this isn’t paid and the case ends up in court, the maximum fine
could rise to £800 for anyone caught smoking in a car with a child
inside and a ‘level 4’ fine of up to £10,000 for a driver failing to
prevent somebody else from smoking.
For drivers wanting to avoid paying potentially thousands, they would
need to be able to prove how they took ‘reasonable steps to cause the
person smoking to stop smoking, or they did not and could not have
reasonably known the person was smoking, or that there was some other
reasonable ground for not complying with the duty’.
The Department of Health claims the fines have been created based on
those already in place for anyone caught smoking in public places – an
act made illegal in 2007.
Public Health Minister Jane Ellison said: “The only effective way to
protect children from secondhand smoke is to prevent them breathing it
in in the first place. Exposure to secondhand smoke is a serious health
hazard, especially to children and a significant number of children say
that they are exposed to secondhand smoke in private vehicles.”
Deputy PM Nick Clegg – a smoker himself – unsurprisingly opposed the
plans as they went through parliament earlier in the year, saying that
‘as an old-fashioned liberal’ he believed that ‘laws and legislation are
not always the solution’.
However, campaign group Action on Smoking and Health (Ash) want the
banning on smoking in vehicles where children under the age of 18 are
present put into action prior to the next parliament.
Deborah Arnott, chief executive of Ash, said: “Cars are small tin
boxes where concentrations of tobacco smoke can reach dangerous levels
very quickly.
“As David Cameron himself has said, the time has come for it to be
illegal to make children breathe in these toxic fumes. Laws stopping
smoking in cars with children are popular with the public, with
parliament and with children and we urge the Government to bring them
into force before the next election.”
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