Children and Families Bill

Alex Cunningham Excerpts

Monday 10th February 2014 Commons Chamber

[Andrew Selous (South West Bedfordshire) (Con)]

I rise to support Lords amendment 125 for the very simple reason that children have no choice about getting into a car. Every day, up and down this country, children are told to get into a car by their parents or guardians; they have no choice. I think that we should operate on the basis of the “Do no harm” principle. The facts are clear: 165,000 incidents of childhood disease are caused every year by passive smoking. Not all car journeys are short: a close family member of mine was made to get into a car and to travel many hours to go on holiday while a pipe was smoked in the car. Despite protests, that pipe continued to be smoked.

On enforcement, many laws are not properly enforced—like all hon. Members, I want full enforcement—but is anyone saying that we should abandon the law against driving while holding a mobile to one’s ear because it is not always properly enforced? I have written to my police force to ask how many convictions they have had for people holding a phone to their ear.

Yes, in a perfect world we would change this situation through education, and of course we should refrain from banning things unless we have to, but the fact is that too many children—an estimated 185,000 every day—have to put up with it. Against their will—they have no choice—they are told to get into a small metal unit. We are here to speak up for those who have no voice, which is why I am proud to support the measure tonight.

[Alex Cunningham (Stockton North) (Lab)]

I quote:

“I would ban smoking in cars where children are present. I would do that for the protection of children. I believe in protecting children. I would see it as a child welfare issue.”

Those were precisely my feelings when I introduced the Smoking in Private Vehicles Bill under the ten-minute rule exactly 964 days ago. I did so after a briefing from the British Lung Foundation, with which I have been proud to work ever since. My thoughts have not changed in the two and a half years since, and I am delighted that the day has come when hon. Members have the opportunity for a decisive vote to make life healthier for half a million children. Although I share the sentiment and could hardly have put it better myself, the words I started with are not mine; they date from February this year and are those of the then public health Minister, the hon. Member for Broxtowe (Anna Soubry).

In Committee in the other place, an amendment was tabled and supported by all political parties, with eight peers speaking in favour of the ban. Such is the cross-party nature of the measure. This will be the fourth time that Members of this House have asked for a definitive vote on the issue. After my ten-minute rule Bill failed to get a Second Reading, the noble Lord Ribeiro’s private Member’s Bill won support in the other place but failed to make progress in the Commons. In this Chamber, we tried to amend this Bill, but we failed again. Now, after sustained pressure from a cross-party group of Back Benchers and Lords, four measures are proposed in the Bill—including powers to bring in standardised packaging of cigarettes and to prevent smoking in cars with children present—and I welcome them all.

It is not just parliamentarians who support such a ban—quite the opposite. The changes are backed by many professional bodies and research groups. I have been delighted to work closely with other organisations, as well as the British Lung Foundation. The list is too long to name every person and organisation, but it includes Cancer Research UK, Action on Smoking and Health, the British Medical Association, the British Heart Foundation and Fresh, our own campaigning organisation that has done so much in north-east England. We must not forget the royal colleges and the 700 health professionals, who have already been mentioned.

Facts, figures and statistics in abundance have highlighted the appalling dangers of passive smoking, particularly to children and young people, and specifically in relation to smoking in vehicles. A plethora of studies have returned the same results: smoking in a vehicle significantly increases children’s exposure to harmful toxins and particulates. Numerous surveys and opinion polls have consistently shown that the public support such recommendations. I have no doubt that my fellow Members will draw attention to them as the debate progresses.

I want to focus on the arguments about enforcement and intrusion. It is important to remember that the police already have a number of duties with regard to private vehicles, and to recognise that the additional enforcement costs of a measure to outlaw smoking when children are present are minimal.

[Andrew Percy (Brigg and Goole) (Con)]

Will the hon. Gentleman give way?

[Alex Cunningham]

I will not.

Other hon. Members have mentioned the non-wearing of seatbelts, which is a tricky misdemeanour to spot if ever there was one. It needs an eagle eye, but the police routinely monitor drivers and passengers alike to ensure compliance with the law. The introduction of legislation in 2006 to make the use of appropriate child restraints mandatory for children under the age of 12 were also considered very complex, and similar concerns were raised at the time. However, implementation went ahead and has been successfully enforced.

To argue that it would be too difficult and burdensome for officers to spot the act of smoking in a car, or to identify whether a child is being carried at the same time, is therefore no excuse. Indeed, I argue that such actions are markedly easier to recognise than gauging the height of a seated child to ascertain whether correct restraints are used. To suggest that officers would be unable to identify such instances is to underestimate their competence. I take much comfort from knowing that when educational campaigns on seatbelts accompanied the legislation, seatbelt use shot up from 25% to 91%, and from knowing that Department of Health figures indicate that there was 98% compliance from the moment the smoke-free legislation was introduced. I hope that the instances of such rules being flouted would be few and far between as a result of Britons’ law-abiding nature. I remain confident that, as with compliance on seatbelts, such regulations would become largely self-enforcing. Let us not forget that it is the role of the police to enforce the law.

Unlike most adults, children lack the freedom to decide when and how they travel, and do not know how harmful second-hand smoke is. Other hon. Members have already covered that point, so I will not repeat it.

There are international precedents for action: South Africa, Mauritius and Bahrain have all outlawed smoking in cars with a child present, as have seven of the eight states or territories of Australia, nine—I understand it is soon to become 10—of the 13 states in Canada and six of the 50 states in the United States. One published study from Canada has documented a positive impact on reducing second-hand smoke exposure in the relatively short term after implementation. Positively, it did not find any displacement effects of smoking being shifted to the home. It is time that we followed suit, heeded public and medical opinion, and got out of the slow lane.

I am only too aware that a positive decision for a ban still requires the Government to introduce the necessary regulations. I hope that the Minister will indicate when that is likely. The evidence strongly supports the Lords amendment, and I urge that Members on both sides of the House do likewise and stand up today for the protection of children.

[Several hon. Members]

rose—