Lords to vote on Labour amendment to children and families bill that would make criminals of drivers who allow smoking

This article is more than 6 years old

This article is more than 6 years old

Smoking in cars with a child inside could become illegal, if a vote in the House of Lords is passed on Wednesday.

Labour has proposed an amendment to the children and families bill intended to discourage people from smoking around young people.

Drivers would be committing an offence if they failed to prevent smoking in their vehicles when a child was present.

The shadow health secretary, Andy Burnham, said Britain should follow the example set by Australia, Canada and a number of American states.

He told Sky News, "When it comes to improving the health of children, we are duty bound to consider any measure that might make a difference.

"Adults are free to make their own choices but that often does not apply to children and that's why society has an obligation to protect them from preventable harm.

"Evidence from other countries shows that stopping smoking in the confined space of a car carrying children can prevent damage to their health and has strong public support."

Smoking in workplaces and enclosed public spaces has been banned since 2007.

The shadow public health minister, Luciana Berger, told BBC Radio 4's Today programme that if the bill was not passed, the move would be included in Labour's manifesto at the next general election.

Simon Clark, director of the smokers' rights group Forest, told the programme such legislation would be difficult to enforce, with the end result of having to ban smoking in all cars.

"I think this legislation is very heavy-handed, totally unnecessary and, according to surveys, 84% of adults wouldn't dream of lighting a cigarette in a car, in a small enclosed space, with a child present.

"So adults already know how to behave. They don't need the state interfering in their lives like this. If there are still some people who smoke in a car with children, then let's educate them; but let's not legislate."