No fines issued in Wales for smoking in cars with children

No fines have been issued in Wales for smoking in cars with children, a year after the law was introduced.

It became illegal to smoke in a vehicle carrying someone under 18 last October, with drivers and passengers facing a £50 fine.

But one year on, no fines have been issued by Wales' 22 councils. Some Welsh police forces and councils have issued verbal warnings.

The Welsh Government said the law was sending a "strong message" to smokers.

The law, which is enforceable by both local authorities and police, was hailed as "a landmark in protecting children from second-hand smoke".

Some councils said they were offering guidance, but said police were better able to carry out the enforcement as council officers have no power to stop vehicles.

However, the Police Federation - the body representing officers in England and Wales - said officers had not yet been given powers to hand out fixed penalty notices.

Anglesey, Blaenau Gwent, Carmarthenshire, and Conwy councils all said they had not currently enforced any action.

Denbighshire council said it was looking to "enforce it in the future", while Monmouthshire council has issued some verbal warnings to private hire vehicles.

North Wales, South Wales and Gwent police forces have yet to issue any fines, while Dyfed-Powys Police handed out four verbal warnings between 1 October, 2015 and April 2016.

The Police Federation said the ban was "difficult" to enforce, with police having to refer offenders to councils.

Jayne Willetts, of the federation, said society had to take "responsibility for the issue".

"The original plan was for the public health authority to seek to change the law and give police extended powers," she said.

"This would allow officers to stop motorists and issue on-the-spot fines, like they currently do for other offences, such as using a mobile phone while driving. But because that hasn't happened, a piece of the jigsaw is missing."

What is the smoking in cars ban?

• Introduced in Wales and England on the same day, the law prohibits smoking in cars containing anyone under the age of 18 whether you are driving or not

• It does not apply if the person smoking is under 18 and they are alone in the vehicle at the time

• Drivers and passengers who break the law could face a £50 fine

• Assembly members passed the ban in June 2015

• In September, a man from Sheffield was thought to have become the first person prosecuted for breaching the law

Health campaigners said the law had changed people's attitudes towards smoking with children present, but more needed to be done to reduce second-hand exposure.

Ash Cymru chief executive Suzanne Cass said: "The law has not only been successful in protecting the health of young people, it is 'denormalising' this deadly habit.

"Now that we've hit the one year milestone since the law's introduction, it is now a good time to think about how we can continue to use legislature like this to protect the health of the people in Wales."

Joseph Carter, head of British Lung Foundation Wales, said: "We hope the publicity around the legislation has made people more aware of the dangers second-hand smoke causes to children's lungs.

"If people stop lighting up in cars and other enclosed environments when young people are present, this will be a success. However, clearly more research is needed to see if the legislation is effective."

The Welsh Local Government Association (WLGA), the body representing local authorities in Wales, said councils were offering advice to try to change people's attitudes.

A WLGA spokesman said: "Much like the wider public spaces smoking ban, the success of this law change should be measured in changes in attitude and behaviour, not the number of enforcement actions."

Compliance could be "expected to grow over time as more and more people accept the health dangers of smoking in their car", he added.

In response, the Welsh Government stressed the success of the law would be measured in attitude and behaviour changes, not the number of fines.

"The new law sends a strong message to people that smoking in cars with children on board is not acceptable," he said.

"It is designed to protect children from the harms associated with second-hand smoke and we're pleased there has been a high level of compliance."