Smoke-Free Private Vehicles Bill [Lords]

David Hamilton Excerpts

Friday 2nd November 2012 Commons Chamber

[Alex Cunningham (Stockton North) (Lab)]

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.

[Mr David Hamilton (Midlothian) (Lab)]

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]

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—