Since 2016 it has been illegal to smoke in a car with a child. So how many people have been fined? Not a single one
James Reilly’s law branded ‘difficult to detect’
GARDAÍ have yet to fine a single motorist for smoking in a car while children are present since the practice was outlawed over two years ago.
Security sources said that while gardaí ‘are aware’ of the law ‘there is not a major push to detect it, with drink and dangerous driving a far higher priority’.
The ban came into effect on New Year’s Day 2016. The law carries a fixed penalty of €100 with penalties of up to €1,000 for failing to stop or providing wrong details to gardaí.
The lack of action is in contrast with Britain, where there have been court appearances, convictions and fines since a similar ban was introduced in October 2015.
Gardaí have told the Irish Daily Mail that no motorist had been charged with this offence and a spokesman confirmed there have been ‘no fines or prosecutions’.
Security sources said gardaí, notably those in the traffic corps, are ‘up to speed’ on the law.
However, one source said it could be ‘difficult to detect’ a driver smoking in a car with children present. One senior source said: ‘The law came into effect over 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 he 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. ‘The burden of proof for fines or prosecutions will be the garda witnessing somebody smoking,’ he said 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 showing a lack of fines, Fianna Fáil’s Jim O’Callaghan said the Oireachtas ‘needs to be careful about criminalising all irresponsible human behaviour’.
The justice spokesman said: ‘It is certainly unusual that two-anda-half-years after the introduction of a new offence not one person has been convicted. The likelihood is that the vast majority of people do not smoke in cars when children are present.
‘However, it is also probably the case that if gardaí identify someone smoking in a car with children they use their discretion to tell the person to stop smoking rather than initiating a prosecution.
‘The Oireachtas needs to be careful about criminalising all irresponsible human behaviour, particularly when you have a very busy Garda force that needs to devote most of its time to detecting more serious offences.’
Dr Patrick Doorley, chairman of anti-tobacco group ASH Ireland, said the organisation first proposed a ban on smoking in cars in 2008 and ‘we are very pleased that it is in place’.
He said: ‘Prior to the ban, one in seven Irish children was being exposed to tobacco smoke in cars, which was totally unacceptable.’ Despite claims by the British smokers’ group, Forest, that the ban was unenforceable the UK’s has been a resounding success.
After stopping numerous cars and giving smoking motorists verbal warnings, British police moved to prosecutions in May 2016.
The first to be prosecuted was 28-year-old man whose van was stopped in Northumberland, north-east England, after two police officers spotted him smoking a cigarette when a child was beside him.
Passive smoking in cars can increase the risk of asthma, meningitis and cot deaths, according of public health experts.
‘More serious offences’ Increases risk of asthma