Ireland: Fine for Smoking in A Car with Children to be Just €80

Source from:  Irish Independent (ie)  10/13/2014

People who smoke in cars with  a child as a passenger are likely to escape with fines in the region of around €80, it has emerged.

However, if they resist paying the fines and the case is brought to court, the financial penalty could be up to €1,000 under proposed new legislation due to come into effect early next year.

The legislation will outlaw smoking in cars where one or more of the passengers is a child under the age of 18 years, Minister for Children James Reilly told the Dail yesterday.

The new offence will be policed by gardai who can issue a fine if the driver or one of the passengers in the car is smoking with a child in the front or back seat.

A spokesman for Dr Reilly said last night that the fine will be decided on by means of regulation but if it not paid the case can be brought to court with a potential penalty of up to €1,000.

The regular fine is expected to be around €80 and will not be seen as a means of raising revenue.

The Protection of Children's Health (Tobacco Smoke in Mechanically Propelled Vehicles Bill), which originated in the Seanad, was brought before the Dail yesterday is expected to be made law by early 2015.

Dr Reilly said he supported the original Private Member's Bill, developed and introduced by Senators John Crown, Jillian Van Turnhout and Mark Daly. In June 2012.

Defending the measure, which is set to lead to more accusations of "nanny state" interference, he said environmental tobacco smoke is a carcinogen and contains the same cancer causing substances and toxic agents that are inhaled by the smoker.

"There is no safe level of exposure to second-hand smoke. In children, exposure to second-hand tobacco smoke is a recognised risk factor for the development of asthmatic symptoms and increased risk of other illnesses such as pneumonia, bronchitis and middle ear infections.

"Exposure to tobacco smoke is particularly harmful in enclosed spaces, such as cars. Children's exposure to second-hand smoke in cars is involuntary. They are unable to remove themselves from risk if people smoke around them."

Outlining its provisions, he said:

l A child is defined as any person under 18 years of age.

l The offence also applies where the smoker is themselves under 18 years of age.

l The driver will be guilty of an offence even if the smoker is another adult passenger.

l A defence exists where the person smoking reasonably believed that others present in the vehicle were over 18 years of age.

l There are also defences for the driver if they can prove they were unable to stop the other person from smoking because he or she did not wish to take any action which might compromise the safety of the passengers. They can also argue they made all reasonable efforts to stop the other person smoking.

Gardai will be allowed to ask the driver to stop the car, and demand the name and address of any person who may be committing an offence.

Where a person fails to stop the car, or to give his or her name and address, or provides false information, he or she will be guilty of an offence.

John Reilly of the group Forest said: "We don't condone smoking in cars but has the Government nothing better to do? This is heavy-handed and unnecessary. Parents don't need the State to tell them how to behave when children are present."

Dr Reilly said that "for five decades, the tobacco industry deliberately concealed facts about dangers of smoking.

Dispute

"They disputed any link between second-hand smoke and poor health. I ask you as members of this House not to allow for any manipulation of the truth.

Ireland led the way in banning smoking in public places and in the workplace but lighting up is already an offence in a number of countries.

The latest anti -smoking measure comes as the Government plans to also introduce plain packing for cigarettes which is aimed reducing smoking among children in particular. Enditem