This article is from the source 'bbc' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.bbc.co.uk/news/uk-scotland-scotland-politics-33139385

The article has changed 8 times. There is an RSS feed of changes available.

Version 1 Version 2
Enforcing smoking ban in cars with children present 'difficult' Enforcing smoking ban in cars with children present 'difficult'
(about 3 hours later)
Enforcing a smoking ban in cars with children present could prove "difficult", the Law Society of Scotland has said.Enforcing a smoking ban in cars with children present could prove "difficult", the Law Society of Scotland has said.
The society is due to give evidence on a bill that would make smoking in cars when children are present illegal.The society is due to give evidence on a bill that would make smoking in cars when children are present illegal.
Police Scotland have raised concerns about being the sole enforcers of the proposed legislation.Police Scotland have raised concerns about being the sole enforcers of the proposed legislation.
The force said the move would divert police resources away from counter-terrorism and organised crime.The force said the move would divert police resources away from counter-terrorism and organised crime.
The Scottish government said it supported the principle of the bill and would work to make sure the legislation was "effective and enforceable".
Alison Britton, convener of the Law Society's health and medical law committee, said: "Of course we support the policy intent behind this bill, and the harmful effects of smoking and second-hand smoke are well documented."Alison Britton, convener of the Law Society's health and medical law committee, said: "Of course we support the policy intent behind this bill, and the harmful effects of smoking and second-hand smoke are well documented."
However, she added the society had concerns the legislation would be "difficult to enforce".However, she added the society had concerns the legislation would be "difficult to enforce".
She argued challenges would be presented in particular cases such as when a car was moving, or in heavy traffic.She argued challenges would be presented in particular cases such as when a car was moving, or in heavy traffic.
"The enforcing officer would need to be able to see the offence taking place and ascertain the age of any child present," she added."The enforcing officer would need to be able to see the offence taking place and ascertain the age of any child present," she added.
'Limited police resources''Limited police resources'
In written evidence submitted to the Scottish Parliament's health and sport committee, Police Scotland said it questioned "the decision to make the police solely responsible for enforcement".In written evidence submitted to the Scottish Parliament's health and sport committee, Police Scotland said it questioned "the decision to make the police solely responsible for enforcement".
It posed the question: "As a public health issue is it proportionate or necessary to justify the use of limited police resources to enforce [this legislation]?"It posed the question: "As a public health issue is it proportionate or necessary to justify the use of limited police resources to enforce [this legislation]?"
The force said while the aims of the legislation were "commendable", as a public health issue the legislation did not "sit comfortably within the Police Scotland policing plan and the force priorities".The force said while the aims of the legislation were "commendable", as a public health issue the legislation did not "sit comfortably within the Police Scotland policing plan and the force priorities".
It said making the police the sole enforcers of the measures outlined in the bill could result in resources being diverted away from "force priorities" such as organised crime or counter-terrorism.It said making the police the sole enforcers of the measures outlined in the bill could result in resources being diverted away from "force priorities" such as organised crime or counter-terrorism.
Police Scotland suggested local authorities could share some responsibility for enforcing the ban.Police Scotland suggested local authorities could share some responsibility for enforcing the ban.
Scottish Conservative transport spokesman Alex Johnstone said: "Of course, no-one wants to see someone smoking in such a confined space when there are children around. But the reality is almost nobody does this, and taking an educational approach would be far better.Scottish Conservative transport spokesman Alex Johnstone said: "Of course, no-one wants to see someone smoking in such a confined space when there are children around. But the reality is almost nobody does this, and taking an educational approach would be far better.
"We have said from the outset that it will be nigh on impossible to enforce this."We have said from the outset that it will be nigh on impossible to enforce this.
"With the force's limited resources, we really need officers to be concentrating on more important matters.""With the force's limited resources, we really need officers to be concentrating on more important matters."
Driver 'should be liable'Driver 'should be liable'
The Law Society has also recommended the driver should be legally responsible for ensuring no-one smokes in the vehicle in the presence of children, rather than the smoker.The Law Society has also recommended the driver should be legally responsible for ensuring no-one smokes in the vehicle in the presence of children, rather than the smoker.
It claimed this would bring the proposals in line with other road laws on child safety and with legislation that has been passed in England, and would be "more logical".It claimed this would bring the proposals in line with other road laws on child safety and with legislation that has been passed in England, and would be "more logical".
Currently, the proposed legislation would place the criminal liability on the smoker rather than the driver of a car.Currently, the proposed legislation would place the criminal liability on the smoker rather than the driver of a car.
The Smoking Prohibition (Children in Motor Vehicles) (Scotland) Bill was introduced by Lib Dem MSP Jim Hume, and is currently being considered by the Scottish Parliament's health and sport committee.The Smoking Prohibition (Children in Motor Vehicles) (Scotland) Bill was introduced by Lib Dem MSP Jim Hume, and is currently being considered by the Scottish Parliament's health and sport committee.
Public Health Minister Maureen Watt said: "It is important that we all work together to make sure the legislation is effective and enforceable. We will continue to work closely with Police Scotland and other organisations.
"The purpose of this legislation is ultimately to achieve culture and behaviour change. This cannot be done by enforcement alone - legislation of this nature also has the potential to act as a deterrent."