Smoking Prohibition (Children in Vehicles) Bill Stage 3–ASH Scotland Briefing

The Smoking Prohibition (Children in Vehicles) Bill will have its Stage 3 debate on Thursday 17 December. ASH Scotland supports the bill, which will protect children from harmful second-hand smoke in cars, and we urge you to vote for it.

The impact of smoking in cars

Second-hand smoke is a significant public health problem. And children are more vulnerable than adults, thanks to their small, developing lungs and faster breathing. Exposure to second-hand tobacco smoke has been linked to cancer, meningitis and sudden infant death syndrome as well as glue ear and asthma. For this reason, the Scottish Government has introduced a national target to reduce the proportion of children exposed to tobacco smoke from 12% in 2012 to 6% in 2020[1].

Smoking in the enclosed space of a car quickly creates dangerous levels of air pollution, often higher than pollution in cities like Beijing and Delhi[2]. Turning the air conditioning on or rolling the windows down has been shown not to bring second-hand smoke levels below concentrations known to present a risk to health.

The best available Scottish data show that 22% of Scottish children aged 13 & 15 are sometimes or often exposed to tobacco smoke in the car[3]. This is a significant problem for children’s health.

Support for the law

A 2015 YouGov poll[4] revealed that 85% of Scottish adults (72% of smokers) agree that smoking should be banned in cars that are carrying children younger than 18 years old, making this a measure strongly supported by the public. Bans are in place in Australia, Canada, France, several US states and, since 1 October 2015, England & Wales. Scotland’s children deserve the same protection.

Enforcement

Enforcement of this new law will be simple and straightforward, similar to enforcing the law on seatbelt use. Police Scotland has suggested that officers will be able to detect breaches of the law without significant difficulty, pointing to the 36,000 breaches of the seatbelt law identified in 2013-14[5]. In Queensland, more than 600 fines were given in the 15 months following the introduction of a similar law[6], suggesting that enforcement is both possible and practical.

Sunset clause amendment

Scottish Conservative and Unionist party MSPs haveindicated that they will propose a “sunset clause” amendment to the bill. This would see its provisions cancelled in three to five years unless the Parliament again votes to introduce them.

We support the principle of continuously analysing policy to ensure that it has its intended effect. But a clause of this nature is unusual for what is fundamentally a well-understood measure. Unlike minimum pricing for alcohol, the most recent high-profile legislation attracting such a clause, protecting children from second-hand smoke in cars is an extension of existing provisions which make other spaces smoke-free.

This is not a new or unusual measure, but one which has been seen to work well in other jurisdictions, including Australia, Canada, several US states and, since 1 October, in England and Wales. It should be noted that the legislation passed in England and Wales does not include a sunset clause. There is no particular reason why this well-evidenced child protection measure should be singled out, given none of the other bills currently under scrutiny is subject to a similar clause. We ask you to oppose the sunset clause, to provide enduring protection for Scotland’s children.

[1] Scottish Government. Creating a tobacco-free generation: a tobacco control strategy for Scotland. March 2013.

[2] Semple, S., Apsley, A., Galea, K.S., MacCalman, L., Friel, B., Snelgrove, V., 2012. Secondhand smoke in cars: assessing children's potential exposure during typical journey conditions, Tobacco Control doi:10.1136/tobaccocontrol-2011-050197

[3] NHS ISD Scotland. Scottish Schools Adolescent Lifestyle and Substance Use Survey (SALSUS) 2013, Available from [Accessed 30 September 2015]

[4] All figures, unless otherwise stated, are from YouGov Plc. Total sample size was 1036 adults. Fieldwork was undertaken between 26th February and 12th March 2015. The survey was carried out online. The figures have been weighted and are representative of all Scotland adults (aged 18+).

[5] Scottish Parliament Health and Sport Committee.Official Report, 23 June 2015, Col 66.

[6] Forty parents a month nabbed smoking in cars with children since new laws introduced, Queensland Sunday Mail, 14 August 2011