Stub it out

Scotland is rightly proud of its record on tobacco control. From the historic ban on smoking in enclosed public places, to the more recently enforced bans on tobacco displays in large shops and the sale of cigarettes from vending machines, Scotland has clearly demonstrated its determination to remain at the forefront of efforts to reduce smoking prevalence and smoking-related harm.

Now, however, Jim Hume MSP would like to see Scotland go further still by becoming the first country in Europe to ban smoking in vehicles containing children. While the Scottish Government’s recently published tobacco control strategy acknowledged that cars and homes remain “significant sources of exposure to second-hand smoke” and included a commitment to set a target to achieve a “substantial” reduction in children’s overall exposure by 2020 – making it among the first in the world to do so – it stopped short of backing calls to legislate. However, Hume believes that awareness campaigns alone will not be enough and that legislation is necessary to protect children from harm.

When the Scottish Liberal Democrat politician took over his party’s health portfolio at the end of last year, he met with some of the key health organisations to discuss their concerns and priorities, and says the damage caused by passive smoking was repeatedly highlighted.

The dangers associated with second-hand smoke – which include an increased risk of heart disease, lung cancer, and a range of childhood illnesses and disorders including respiratory conditions, middle ear disease, and sudden infant death syndrome, as well as an increased likelihood of smoking uptake compared with those who grow up in smoke-free environments – were also emphasised when the ban on smoking in enclosed public places was under discussion. According to a new evidence review by ASH Scotland, trends in exposure to second-hand smoke in any public place has fallen from 50 per cent in 1998 to 8 per cent in 2011. However, exposure to secondhand smoke in other settings remains a risk to health. In particular, it points to evidence that suggests at least 5 per cent of children experience second-hand smoke in vehicles, with this number rising among those from more deprived communities, despite young people indicating a strong preference not to be exposed to the smoke of others in these environments, when asked.

Hume was persuaded that the issue merited closer investigation. He explains that he initially discussed with the Parliament’s Bills team whether there was a case for simply amending the previous legislation on smoking in public places to include all vehicles carrying children. However, he says he has accepted their advice that the legislation needed to be separate, and so on 28 May, Hume will launch a 12-week consultation on proposals to ban smoking in vehicles carrying children.

He underlines the latter point: “I’ve had people coming at me saying you are trying to ban smoking altogether and I’m absolutely not. If people want to smoke in their cars, as long as there are no kids present, then they should be free to do so. That is absolutely clear. I’m not on a mission to stop the world from smoking. But I am on a mission to give kids a better start in life and sitting in smoke filled cars, to me, is not a good start for their lives...So it is about the liberty and freedom of the child and the protection of them.”

While there has been some discussion already about what the appropriate age limit would be, Hume proposes making the legislation applicable to vehicles carrying children aged 16 and under.

“Looking at other parts of the world – parts of Australia, Canada and South Africa have done this. There have been differences but the vast majority is also 16 and under. For us, it is when you are travelling on buses, that’s when you start paying an adult fare. You could potentially get a moped and find your own route to places, I suppose. But if you are 15 and below, I don’t think you have much of a choice other than to go in that smoke-filled car to school, or to your sport, or to your friends.”

This emphasis on children’s rights has already earned Hume’s proposals the backing of Scotland’s Commissioner for Children and Young People, Tam Baillie, and children’s organisation Children in Scotland, as well as the support of a plethora of health organisations, such as ASH Scotland, Cancer Research UK, British Heart Foundation Scotland, BMA Scotland, Chest Heart and Stroke Scotland, the British Lung Foundation and the UK Centre for Tobacco Control Studies. According to a YouGov poll conducted for ASH Scotland, there is also strong public support for such legislation, with over 80 per cent supporting a ban on smoking in cars where children younger than 18 are travelling.

And Hume says he is also confident of securing the requisite support within Parliament to allow the Bill to progress.

“I’ve not been pushing people yet because we have to wait for the consultation to come out and then I would feel fully armed to go and ask, because, as you know, I’ll need to have support from at least three parties. But already I’ve got verbal support, which I would presume wouldn’t change, from at least three parties.”

Although he acknowledges that some in his party may have concerns about the proposed restrictions on a private space, he insists that his Liberal colleagues are fully behind him.

“I’ve discussed it with my own MSP group and they are very supportive. I’ve put it out to the wider area. You will get some people with ultra liberal views but this is about protecting children and their liberties. So I’m happy to discuss it with anybody from any party who has any concerns about the proposals, because I think we would be far for the better.”

Hume looks forward to the debate and is primed for the inevitable practical questions, such as around enforcement.

“I’ve had people come to me to say it is illegal to use your mobile phone while driving but I see people doing it all the time. That’s true. But in 2007-08 there were just under 19,000 people fined in Scotland for using their mobile phone. In one year. So you can do that. And in one day last September last year in Scotland, 331 motorists were caught using a mobile phone and were fined for that. In 2004, there were 29,419 seat-belt offences recorded by the police in Scotland. So these are bigger problems, numbers wise. But it can be done,” he says, adding that he believes a proposed fine of £60 will prove to be an effective deterrent.

And while previous legislative measures around tobacco control have attracted vociferous opposition from the tobacco industry and led to lengthy, and costly, legal battles, Hume insists he is prepared to fight for the proposals. However, he hopes and expects that the measures, which place the protection of children at their heart, will prove difficult to argue against.

“There was a tobacco interest group who said there is no need for legislation, or words to that effect, because it is not really an issue – people shouldn’t be smoking in their cars when children are present anyway. So to me, that is about the strongest that has come back. So I can’t find much opposition to it at all at this stage.”