Children and Families Bill

Andrew Percy Excerpts

Monday 10th February 2014 Commons Chamber

[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.

--- Later in debate ---

[Mrs Main]

I have never heard of a more illiberal, nonsensical and unenforceable proposal than Lords amendment 125. I am sorry that it is being proposed by the Government and that Members are being asked not to consider the detail, because the devil is in the detail.

As has been said, the word “vehicle” refers to a broad spectrum of containers, if I may put it like that, including motor homes, Traveller caravans and, potentially, narrow boats. The proposal suggests that smoking while driving an open-top car, to which my hon. Friend the Member for Shipley (Philip Davies) referred, is more injurious to health than a mother smoking while pregnant. I find that impossible to accept.

I do not know how the police will arbitrate between two 17-year-olds in a car if one of them has been smoking. I do not think that we should be considering using this resource if we are not banning cigarettes, full stop. I do not smoke and have never smoked. I am a mother of four children. I fundamentally believe that we should not make bad, unenforceable law.

If the Labour party represented the working class far more than it suggests it does, it would be making a very different argument, because a huge tranche of the population will see itself criminalised. We should be advising people not to smoke in front of their children. We have been winning the argument on smoking. The Government have adverts on the television that show a mum blowing the smoke out of the door and then say, “What if you could see what it does to your child’s lungs?” We will not stop those adverts because we are trying to educate people.

Under the proposal, we will be saying that a child can get into a fog-filled car after their mum has been smoking in it. As long as she is not still doing it, that will not be an offence. We will be saying that it is an offence to smoke in a van if Traveller children or others who live in transit are sitting in the back. However, if I sit in my kitchen and people can see me through the front window, fag in hand and baby over my shoulder, comforting the child, that will not be an offence. It would be easy to track down such behaviour, so why do we not say that smoking in front of children should be banned or that smoking should be banned? It is because we think that it would be illiberal to go into people’s homes. However, some people’s homes are vehicles. I look forward to people explaining that to the communities that will be affected disproportionately.

I cannot believe that we are not supposed to inquire about the detail.

[Andrew Percy]

Will my hon. Friend give way?

[Mrs Main]

No, I will not give way because many colleagues who have been here from the very beginning wish to speak. I am sorry if my hon. Friend is one of them.

I cannot think that this proposal will be enforceable. We all want to protect children. In that case, perhaps we should get out the fat callipers when we see very lardy children walking down our high streets because their parents feed them junk of an evening. Perhaps we should ban fattening foods because there are more than a million people with type 2 diabetes, as has been said in the media today. Where will it stop? We need to educate people. We need to ensure that parents do what is best for their children because they believe in doing what is best for them. We cannot legislate every single risk and danger out of existence.