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Legislation to ban smoking in cars

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20

WQ.169/2018

WRITTEN QUESTION TO THE MINISTER FOR HEALTH AND SOCIAL SERVICES BY DEPUTY M. TADIER OF ST. BRELADE

ANSWER TO BE TABLED ON TUESDAY 25th SEPTEMBER 2018

Question

Further to recent changes to legislation to ban smoking in cars where children are present, will the Minister advise –

  1. how many convictions there have been to date, if any; and
  2. whether there any similar plans to protect children from second hand smoke in their own homes, and, if not, why not?

Answer:

  1. Since the Restriction on Smoking (Motor Vehicles) (Jersey) Regulations 2015 were brought into force on 1st September 2015, there have been no convictions relating to enforcing these regulations. In planning these regulations, it was acknowledged that the risk of being caught and punished by the authorities was unlikely to deter drivers from smoking, however, a growing awareness that smoking in cars is bad for passengers would. The aim of these regulations was to achieve a reduction in second- hand smoke exposure among children in cars through a combination of visible enforcement and voluntary compliance, supported by a campaign informing and reminding people of the risks to children and the benefits of keeping their cars smoke free. The recent 2018 School Survey Report found that 5% of children reported someone smoking in their car, at least occasionally. Detailed analysis of school survey data available from 2014 and 2018 shows that the percentage of children that are regularly exposed to second-hand smoke in cars (daily, most days and once or twice a week) reduced from 9% in 2014 to 2% in 2018.
  2. Smoking in homes is still a major cause of exposure to second-hand smoke for children in Jersey. Passive smoking is strongly linked with asthma and other breathing problems, middle ear infections and cot death in babies. The 2018 School Survey Report indicated that 11% of children have someone smoking in their homes. Jersey Smoking Profile 2017 also reported that 18% of babies at six weeks are living in homes where they are at risk of passive smoking.

It is likely that enforcement of legislation within Islanders' private homes would be unacceptable and considered an infringement of an individual's right to privacy. There is a delicate ethical balance to strike between this and the rights of non-smokers and children to breathe clean air. In striking such a balance, the Strategic Public Health Unit is partnering with healthcare professionals (paediatricians, health visitors, midwives and paediatric and community nurses) to support their work with parents and families. New resources are being provided to support our professionals in awareness raising of associated health harms and on how to prevent them using evidence-based brief interventions within hospital, community and home settings.