Holyrood committee backs car smoking ban bill

Anyone caught smoking while children are in their vehicle could be fined up to £100

Legislation to ban smoking in cars when children under the age of 18 are present has been backed by Holyrood's Health Committee.

Motorists could potentially be fined £100 for breaching the rule if the bill, introduced by Liberal Democrat MSP Jim Hume, becomes law.

It has already been backed in principle by the Scottish government, Scottish Labour and health charities.

Police Scotland would be responsible for enforcing the ban.

MSPs on the committee heard evidence that thousands of cases of asthma in Scottish youngsters could be avoided by reducing their exposure to passive smoking.

Education programme

In its stage one report on the Smoking Prohibition (Children in Motor Vehicles) (Scotland) Bill, the Health Committee proposed that drivers should also be criminally liable for allowing someone to smoke in their vehicle in the presence of an under-18.

While it supports the use of a fixed penalty notice, it has also asked Mr Hume and the government to consider if an alternative such as an education programme could also be put in place.

Committee convener Duncan McNeil 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 second-hand 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 and Wales."

Mr Hume said he was "thrilled" that the committee had given its full support to his Member's Bill.

He added: "It's shocking that 60,000 vehicle journeys are made each week in Scotland where children are exposed to second-hand smoke in that very enclosed space. Despite what people think, opening a window does not mitigate the harmful effects.

"This bill has always been about protecting children and giving them a healthy start in life, and I'm delighted that it's received such comprehensive support from MSPs, charities and members of the public."