Kathleen Lynch (Cork North Central, Labour)

I am responding on behalf of the Minister, Deputy Reilly. I am aware that this matter was raised by Senator Crown yesterday during the debate on the Public Health (Tobacco) (Amendment) Bill 2001. As a result of the introduction of the smoke-free at work legislation in 2004, and other tobacco control measures since then, awareness of the risks of smoking and exposure to second-hand tobacco smoke has increased significantly. It is recognised that smoking in the car exposes all the occupants to harmful environmental tobacco smoke, which is a carcinogen that contains cancer causing substances and toxic agents that are inhaled by the smoker. There is no safe level of exposure to environmental tobacco smoke. Exposure to cigarette smoke is particularly dangerous in enclosed spaces such as cars. Parents and others with responsibility for the welfare of children have a particular responsibility to ensure such exposure does not take place.

Legislative measures have been introduced in a small number of countries to prohibit or discourage smoking in cars when children are present. The nature of the measures and of the accompanying compliance and enforcement arrangements have been variable and far from consistent. In some jurisdictions, smoking in cars is treated as a driving offence. Other jurisdictions have introduced an education tool aimed at highlighting the dangers of smoking in cars. Any proposal to introduce a ban on smoking in cars must be based on evidence, such as data on the extent to which it occurs and the risks to public health it poses. Consideration will need to be given to the extent to which it may be appropriate to deal with this question as a road safety and a public health issue.

The successful introduction of measures with regard to smoking in cars would benefit from the roll-out of a public information and education campaign to mobilise public support. A similar approach proved successful when the smoke-free at work initiative and subsequent tobacco control initiatives were introduced. These provisions were underpinned by a clear evidence base and good planning. Public opinion was mobilised through a public education and information campaign. Simple, clear and enforceable legislation was introduced. Proposals relating to smoking in cars are being considered in the context of the tobacco policy review that is under way in the Department of Health. The review is expected to be completed and submitted to the Minister for Health within months. The Minister, Deputy Reilly, has signalled that he is in favour of legislating in this area. However, he would like a public information and education campaign to highlight the dangers associated with exposure to environmental tobacco smoke in cars and to mobilise public support in advance of the introduction of legislation. I think the Senator is pushing an open door.