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 5 Version 6
Enforcing smoking ban in cars with children 'difficult' Enforcing smoking ban in cars with children 'difficult'
(about 1 hour 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 gave evidence at Holyrood on a bill that would make smoking in cars when children are present illegal. The society was giving evidence on a bill that would make smoking in cars when children are present illegal.
Police Scotland also raised concerns about being the sole enforcers of the proposed legislation.Police Scotland also 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 while they support the bill, their priority was reducing road deaths.
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".
Speaking ahead of the evidence session, 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, told MSPs the society supported the principle behind the bill, but was concerned about how it would work in practice.
However, she added the society had concerns the legislation would be "difficult to enforce". She also recommended that the driver should be legally responsible for ensuring no-one smokes in the vehicle in the presence of children, rather than the smoker.
She argued challenges would be presented in particular cases such as when a car was moving, or in heavy traffic. She said: "Evidence is going to be so difficult. Since this is such an important component part of smoking cessation strategy, we have to make sure we're as resourceful as we possibly can be."
"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'
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]?" 'Limited police resources'
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". Speaking to the health and sport committee, Assistant Chief Constable Bernard Higgins said: "One of our key priorities is around reducing road deaths and reducing persons that are seriously injured on Scotland's roads.
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. "Last year, fiscal year ending 31 March, we had sadly 191 people killed on Scotland's roads. As I understand it, smoking was not a contributory factor in any of these fatal road accidents, so while there is absolutely clear health benefits for it, in terms of reducing the number of people killed on Scotland's roads it wouldn't be something that we would necessarily see as having a great impact.
Police Scotland suggested local authorities could share some responsibility for enforcing the ban. "Speeding, mobile phones, seat belts, drink-driving are the clear causal factors for fatal road accidents and to reduce road accidents that's what we would wish to continue to target."
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. He went on to suggest that local authorities and other agencies could share some responsibility for enforcing the ban.
"We have said from the outset that it will be nigh on impossible to enforce this. Margaret Wallace, from Stirling Council, said she thought local authorities could play a role in upholding the legislation if the offence was committed in a parked car.
"With the force's limited resources, we really need officers to be concentrating on more important matters." She said: "I think our view is that it should be a partnership approach. That Police Scotland should be the enforcing body, but it's actually about different partners playing their part as well. It's about wider intervention, prevention, education and enforcement, essentially for the people who aren't responsible.
Driver 'should be liable' "I think its more about cars that are actually stationary from a council perspective, obviously because that's more practical for us."
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. But William Hamilton, from Glasgow City Council, raised concerns about how environmental health officers could realistically uphold the proposed law.
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". He said: "I take the point about the stationary vehicles but in reality we don't have the people on the ground, on the street, to the same extent that the police do. So intervening with a stationary vehicle - yes it's conceivable, but in terms of the numbers involved, I really can't imagine it happening to any meaningful extent."
Currently, the proposed legislation would place the criminal liability on the smoker rather than the driver of a car. Changed behaviour
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. Earlier, the committee heard from Simon Clark from the Freedom Organisation for the Right to Enjoy Smoking Tobacco (Forest), who also said the legislation would be difficult to enforce and was unnecessary.
He said: "I think over the last 10, 15, 20 years, huge numbers of smokers have actually changed their behaviour because they realise it's wrong.
"And the reality is very, very few people still smoke in a car when children are present and I would like to think that we could give credit to smokers for having changed their behaviour, for having become increasingly considerate to people who are are around them, children in particular."
The Smoking Prohibition (Children in Motor Vehicles) (Scotland) Bill was introduced by Lib Dem MSP Jim Hume.
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."