Smoke-Free Private Vehicles Bill [Lords]

Friday 2nd November 2012

(11 years, 6 months ago)

Commons Chamber
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Second Reading
14:21
Alex Cunningham Portrait Alex Cunningham (Stockton North) (Lab)
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I beg to move, That the Bill be now read a Second time.

As the Bill has already been passed in the other place under the expert guidance of the Conservative peer, Lord Ribeiro, Members now have the opportunity to complete the process and put the Bill’s provisions into law after its Commons passage.

Some 15 months ago I was pleased to have the opportunity to present a ten-minute rule Bill that had cross-party support, but despite a positive vote on First Reading, it failed to gain a Second Reading because of lack of time. I was therefore delighted to see that Lord Ribeiro’s private Member’s Bill with almost identical provisions passed in the other place. I hope that Members will today follow the good example of the other place and act to protect our children from the harmful effects of smoke, by banning smoking in private vehicles.

I know from my meeting with the Health Minister, the hon. Member for Broxtowe (Anna Soubry), that her Department is committed to combating the harmful effects of smoking. While her Department is currently concentrating on other smoking-related areas, including the much-needed introduction of standard or so-called plain packaging, she understands why action on smoking in cars in which children are present is so important.

Opposition to this Bill is largely based on libertarian grounds. It is claimed that the motor car is a private space in which it would be wrong for the state to intrude. That ignores the myriad ways in which the state already intervenes. We are required to wear seat belts, abide by speed limits, stop at red lights, give way to pedestrians and not use our mobile phones while driving. More importantly, the libertarian argument assumes that the right to smoke trumps the right of the child to be free from harmful smoke. I have stressed in the past, and do so again today, that this is not just a health issue; it is a child protection issue, too.

David Hamilton Portrait Mr David Hamilton (Midlothian) (Lab)
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I am amazed when I see a mother pick up her children—and also, perhaps, those of other families—in her car on what is called the mother’s run, and the first thing she does is smoke a cigarette even though there are perhaps four or five children in that car. Does my hon. Friend agree?

Alex Cunningham Portrait Alex Cunningham
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I do, and it frightens me that this is a greater problem in my constituency than it is in many other parts of the country.

Opponents of the Bill often argue that it is difficult to enforce this sort of law. That is undoubtedly true, but I again draw the parallel with seat belts, speed limits, red lights, “give way” signs and mobile phones. British people do generally obey the law, as compliance with the seat belt law demonstrates. The primary goal of legislation is to build awareness and social norms, and I remain confident that this law would become largely self-enforcing. Additionally, we already have laws banning smoking in vehicles carrying passengers in the course of paid or voluntary work. That provision covers buses, trains, planes and taxis.

Most people understand that cigarette smoke is harmful to children, and would not expose children to smoke in a vehicle. In a survey carried out by Ash, 10,000 adults, including over 2,000 smokers, were asked about the car they travel in most. Only 6% said that people should smoke whenever they like. Some 71% said that smoking should not be allowed at all in the car, and a further 9% said that smoking should not be allowed if there were non-smokers or children travelling. Few adults and only a minority of smokers would allow smoking in a car containing children. Given the significant health impact on children, who are unable to remove themselves from cars, I am sure that the Government would not want to dismiss calls for a ban as unworkable or impractical.

The Welsh Assembly Government have said that if the level of smoking in private vehicles does not drop dramatically in the next three years, they will consider legislating. We do not have the luxury of waiting three years to find out if something is damaging to children, we should do something to stop it now. The Northern Ireland Executive—

Alex Cunningham Portrait Alex Cunningham
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I am not going to give way, as I have very limited time.

The Northern Ireland Executive are also launching a public consultation on options on banning smoking in private vehicles in the coming weeks. I welcome campaigns that raise the profile of this issue, such as the Government’s recent two-month marketing campaign to reduce children’s exposure to second-hand smoke. It featured a television advert depicting a child’s exposure to smoke in a car and offered family smoke-free kits. That was a helpful step in addressing this issue. However, the evidence shows that educational campaigns are most effective when accompanied by legislation. Seat belt use shot up from 25% to 91% when legislation was introduced alongside an awareness campaign. Department of Health figures indicate 98% compliance from the moment of the introduction of smoke-free legislation. The House of Lords Science and Technology Committee found that usually the most effective means of changing behaviours at a population level is to use a range of policy tools, both regulatory and non-regulatory.

This Bill is intended to raise awareness of the risks of smoking in cars where children are present and to drive home the message that we, as adults, are responsible for the safety and protection of our children. I hope to convince the House of the need for the Bill, and I will provide scientific evidence to support my case. When we see a room full of smoke, we recognise it as somewhere that we would rather not expose a child to. There is a misguided perception that driving in a car with the window open will not inflict exposure to tobacco smoke on a child, because the smoke appears to be filtering out—that simply is not the case. There is strong evidence that second-hand smoke enters the back of cars where children sit, and they do not have the option to leave the car.

Research from the university of Waterloo in Canada shows compelling evidence that, whatever measures are taken by a smoking driver, a child in the back seat of a car will be exposed to damaging second-hand smoke. The research showed that a single cigarette smoked in a car can provide levels of second-hand smoke that are a great deal higher than those in a smoke-filled pub. Measures such as turning on the air conditioning, or opening one window or more, did not prevent dangerous levels of exposure.

I have said that this is not just a health issue, but a child protection issue. Children are much more vulnerable to second-hand smoke: they are still physically developing; compared with adults, they breathe into smaller lungs more quickly; their absorption of pollutants is greater; and their less developed immunes systems make them prone to respiratory and ear infections. Research by the Royal College of Physicians shows that we are taking on 300,000 primary care consultations a year, 120,000 new cases of middle ear infections a year, 22,000 new cases of wheezing and asthma a year, 9,500 hospital admissions a year and 40 sudden deaths a year. Each case is linked to second- hand smoke. This costs money—£23 million of taxpayer money is spent each year. The Bill could reduce that cost dramatically through the ban, although of course I acknowledge that other smoky environments contribute to the numbers.

In 2010, an NHS Information Centre survey of nearly 800 children aged between 11 and 15 found that one in five children had been exposed to second-hand smoke in cars. A survey by the British Lung Foundation of more than 1,000 children aged eight to 15 found that only 31% of affected children thought it appropriate to ask the adults in question to stop smoking, while 34% were too embarrassed or frightened to ask.

There are international precedents for action. South Africa, Mauritius and Bahrain have all outlawed smoking in cars where a child is present, as have seven of the eight states or territories of Australia, nine of the 13 in Canada and four of the 50 states in the United States, although nine municipalities there have imposed a ban. It is time that we followed suit.

Public support is very much on the side of change, and the Government would do well to heed the strength of feeling on the issue across the country. British Lung Foundation research shows that 86% of children surveyed were in favour of banning smoking in cars when a child is present, and 86% of adult respondents to a Mumsnet survey were also in favour.

I know that I am rapidly running out of time, so I shall end my remarks to give the House an opportunity to make a determination on this matter.

14:29
Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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Order. It is 2.30. One of your best speeches, Mr Ruane.

14:30
The debate stood adjourned (Standing Order No. 11(2)).
Ordered, That the debate be resumed on Friday 1 February 2013.