Smoking

Baroness McIntosh of Hudnall Excerpts

Thursday 8th September 2011 Lords Chamber

[Earl Howe]

My Lords, I do not agree with the noble Lord’s analysis. It is true that, on current evidence, the legislation is having a beneficial effect; I would not dissent from that. However, we know that voluntary behaviour change is eminently possible. It would explain why, between 1996 and 2007 when the legislation came in, secondhand smoking exposure in children in England declined by 70 per cent. That was driven by not only the evidence but also awareness campaigns and increased awareness in the lead-up to the legislation. Therefore, voluntary action can have a beneficial and marked effect.

[Baroness McIntosh of Hudnall]

My Lords, since the Minister mentioned enforcement, I wonder whether he would like to comment on the issue more generally. I take the point of my noble friend Lord Foulkes about road safety issues that arise from smoking in cars, as well as health issues. Is the Minister content that enough is being done to enforce restrictions that are already in place, for example on the use of mobile phones in cars? Is it not the case that the burden of enforcement always will fall mostly on the police, and that they are unlikely to be able to carry out those duties very effectively when they are under such pressure to cut their numbers?

[Earl Howe]

The noble Baroness makes a very good point. Currently, enforcement in the hands of the police centres mainly on dangerous driving. That may take the form of people illegally using mobile phones while driving or perhaps smoking in a dangerous way. However, I take her point that there is a limit on the extent to which the police can be expected to extend their remit. There is also a sensitivity in this area. The idea of police stopping a car in which somebody in the front seat is smoking on suspicion that there might be a child inside may stray over the boundary of what society would consider an acceptable use of police time.