Campaigners want more action to protect children from smoking

Call: Campaigners say police should be more active to protect children from smoke

A Kirkcaldy smoker is the only driver in Scotland to have been referred to prosecutors under a new law banning smoking in cars when children are present.

The ban was introduced in December to protect young people from passive smoking.

Despite the publicity blitz surrounding the move, councils were told not to issue fines in the first six months and to concentrate on educating drivers.

Local authorities have the primary responsibly for issuing the fines, which could be up to £1,000, although police can also do so.

Just the one case, in Kirkcaldy in February, has since been referred to the procurator fiscal and critics have now called for the police to play a bigger role in the enforcement of the new law.

A spokeswoman for the British Lung Foundation said: “Laws are already in place to enforce wearing seatbelts and prohibit the use of mobile phones while driving.

“There is no reason why police shouldn’t be able to enforce this law in the same way.”

Former Liberal Democrat MSP Jim Hume, who masterminded the smoking in cars bill during his time in Holyrood, said: “It is important to remember that the point of the legislation was education, not punishment and I think we are already seeing a change in attitudes.

“But the legislation states the police have their role to play in enforcement and I would like to see this issue of police fixed penalty notices addressed as I think they should be proactive in this area, like they are with mobile phone offences or speeding.”

A Police Scotland spokesman said: “Fixed penalty notices do not cover smoking in vehicles offences.

“The inclusion of this offence will continue to be kept under review.

“In the meantime, officers have a range of options for dealing with such offences, including issuing corrective advice to reporting the circumstances to the procurator fiscal through a standard prosecution report.”

A Scottish Government spokesman said: “Ministers made clear that we did not expect penalties to be issued in the first six months other than in exceptional cases.

“However, it is for authorised officers to determine whether a penalty is warranted in any specific case as part of enforcement.

“One offence has been detected since the introduction of the legislation.”