Reilly to fast-track law to ban smoking in cars
Senators want the ban implemented before the summer to protect children’s health if they travel in vehicles with smokers during the holiday period.
Dr Reilly accepted the legislation from the Upper House yesterday, which will see offenders slapped with fines if they smoke with minors in a vehicle.
The Protection of Children’s Health from Tobacco Smoke Bill was initiated by senator and consultant John Crown and supported by senators Jillian Van Turnhout and Mark Daly.
Dr Reilly told senators he wanted the legislation enacted as soon as possible.
He is expected to seek the Dáil’s approval for it before the summer.
Senators said it was outrageous that parents could strap a toddler into a car and expose them to harmful tobacco smoke.
Offenders face summary fines of between €80 and €100, a smaller amount than the thousands of euro initially envisaged by senators. Members said yesterday they wanted the law to be an "educational measure". It will come under health and not road safety legislation.
Smokers can be prosecuted on reasonable grounds of suspicion or a garda’s word in court.
It must also be proven that a child is over 18, if the occupants of a vehicle claim so.
Dr Reilly said he hoped the measure would be self-policing and that the gardaí would have "very little work to do".
Senator Seán Barrett also said smoking behind the wheel was as dangerous as using a mobile phone or texting while driving.
The move comes after Wexford boy Fionn O’Callaghan, now aged 9, wrote to Taoiseach Enda Kenny in 2012 and asked him to introduce the measure.
Ms Van Turnhout yesterday welcomed the Government backing the children’s rights issue, saying: "Children cannot extricate themselves from a car filled with smoke. We need to denormalise smoking."
Mr Daly said the legislation showed the strength of the Seanad and independent members.
Dr Reilly heralded the legislation as "historic". He said it was part of the long battle to make Ireland smoke-free. However, he also warned that measures needed to be introduced carefully as the tobacco industry had many lawyers and "deep pockets".
The public would be the main ones enforcing the ban, he added: "Smokers will be told they are breaking the law and harming a child."
Smokers’ group Forest Éireann said that the law would be a "heavy-handed response" to a very small problem.
