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| Enforcing smoking ban in cars with children present 'difficult' | Enforcing smoking ban in cars with children present 'difficult' |
| (35 minutes 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". | 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. | 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." | "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." |
| The Health Committee can be watched live at BBC Scotland's Democracy Live website. |