£125 fine for smoking in car carrying children

The States agreed earlier this year that it should become a criminal offence for an adult to smoke in an enclosed vehicle carrying a child.

Legislation to enforce the change in the law was published by the Health & Social Care Committee yesterday for debate by the States at the end of October.

If the legislation is approved, as expected, it will commence on 1 November.

‘The aim of this change is to protect children from second-hand smoke and its harmful effects,’ said medical officer of health Dr Nicola Brink.

‘There is no safe level of exposure to second-hand smoke. This is of particular concern for children in cars who have no control over the environment in which they’re placed.’

The legislation would bring Guernsey up to date with other places in the British Isles where smoking in cars carrying children has been an offence since 2015.

Guernsey Police chief inspector of operations Julie Palmer said the force was ready to begin enforcement from 1 November, if deputies backed Health & Social Care’s proposals next month.

‘We are fully supportive of legislation that seeks to safeguard the vulnerable,’ she said. ‘If an adult is found to be smoking in a car carrying a child, they will receive a Band C fixed penalty notice of £125, reduced to £115 if paid within seven days.’

The States approved the preparation of the new legislation in May.

Health & Social Care president Al Brouard said his committee was pleased that the legislation had been drafted swiftly to go before the States Assembly this year.

‘This legislative change is aligned to many initiatives across the States, including the Partnership of Purpose, Combined Substance Use Strategy, Children and Young People’s Plan and United Nations Convention on the Rights of the Child,’ said Deputy Brouard.

‘The Health & Social Care Committee is committed to providing environments for good health, including protecting children and young people from the harms of second-hand smoking.’