Car-smoke law fails to result in a single fine
NOT a single motorist has been detected and fined by gardaí for smoking in a car with their children since laws banning the practice were introduced almost two years ago, the Irish Daily Mail can reveal.
Security sources told the Mail that ‘it’s not something on our radar to catch motorists doing’.
The ban came into effect on New Year’s Day 2016. The new law carries a fixed penalty of €100. There are tougher penalties, of up to €1,000, for failing to stop or providing inaccurate details to gardaí.
However, gardaí confirmed in a statement this week that no motorist had been charged with this offence. A Garda Press Office spokesman said: ‘To date, no Fixed Charge Notices have been issued for this offence.’
Speaking to the Mail, security sources said that gardaí – particularly those in the Traffic Corps – are ‘up to speed’ in terms of awareness that it is illegal to smoke in cars with children.
However, one source said it could be ‘difficult to detect’ a driver smoking in a car with chil‘The dren present. One senior source said: ‘The law came into effect almost two years ago. Gardaí were of course made aware. From speaking to gardaí on the ground, it is not viewed as a major problem.
‘I’m sure it still happens, of course. But no-one has been detected by gardaí. Was it a piecemeal article of legislation? That’s not for me to answer.’
James Reilly, then children’s minister, was responsible for the new law, and pledged at the time that gardaí would be able to police the new ban.
He said children’s health would be improved as they would no longer be inhaling toxic smoking fumes. A health behaviour survey released by the Department of Health in December 2015 suggested that one in every five children was exposed to secondhand smoke in cars. Ahead of the new law coming into effect, Dr Reilly said it would apply to all cars, moving or parked.
burden of proof for fines or prosecutions will be the garda witnessing somebody smoking,’ he explained at the time.
Even throwing a cigarette out the window would not help offenders as the word of the garda would suffice, Dr Reilly said at the time.
Responding to the figures, Fianna Fáil justice spokesman Jim O’Callaghan said it was pointless to introduce new ‘laws that will not be enforced’.
He added: ‘Our criminal law is undermined if we introduce laws that are not enforced and which have no impact in changing the behaviour that is criminalised.
‘The failure to prosecute anyone for this offence confirms that the Oireachtas should not be asked by government to introduce laws that will not be enforced.’
Forest Éireann, which campaigns for the rights of smokers and is partially funded by tobacco companies, said that introducing the law was ‘a waste of time’ by government.
Spokesman John Mallon said: ‘I am not surprised that no-one has been detected. It was always an expensive law to introduce and a waste of time. It was not a major issue in the first place.’
‘It’s not something on our radar’