Banning Smoking in Vehicles

Friday 4th April 2008

The Rev Fred Nile, Leader of the Christian Democratic Party, spoke to his Smoke-Free Environment Amendment (Motor Vehicle Prohibition) Bill 2008 last night in the NSW Legislative Council

“I am very pleased to have introduced the Smoke-free Environment Amendment (Motor Vehicle Prohibition) Bill 2008. The object of this simple and straightforward bill is to amend the Smoke-Free Environment Act 2000, the principal Act, to prohibit smoking in motor vehicles. The bill introduces a maximum penalty of five units or $550 for such an offence. Over the years that I have been a member of this House a dramatic change has evolved in the community's attitude towards the whole issue of smoking. I am sure all members would agree with that statement. Twenty years ago the right of people to smoke, anywhere and at any time, was well accepted. As the community's attitude has changed progressively over the years so too has the attitude of members of Parliament and political parties.

I have been pleased to be part of that process, and to have introduced a bill that prohibited tobacco advertising. That bill was finally passed with the support of all parties in this House, even though it had been opposed by the Coalition at one point. Subsequently I introduced a bill to initiate a prohibition on smoking in public places. That too was eventually passed with the Government's support, and its provisions are now widely accepted. Almost every day we see changes in this area, to reduce the harmful effects of smoking on people's health.

At a recent visit to Kiama council's playground for children I noted a number of signs stating that smoking was not allowed in that playground. Some Councils, particularly Manly council, have given consideration to prohibiting smoking on public beaches. There has also been discussion about whether smoking should be prohibited at sporting fields and so on. These changes are being achieved without controversy and with acceptance in the community, even though a number of people—albeit a minority—still smoke. We now come to the next challenge: What should we do about the motor vehicle? The last challenge will probably be what should happen in the home. However, this legislation focuses on the motor vehicle. We know that many people smoke when they are driving. We see this every day. We see an open car window and a hand protruding from the window to flick ash onto the road. The person is driving the car with one hand, holding a cigarette with the other. I am sure all members have seen people who are smoking while driving vehicles and in some cases those vehicles are conveying passengers.

There is debate about whether the prohibition on smoking in vehicles should be a total ban or whether it should be restricted to when a child is present in the car. I know that at this stage there is perhaps more sympathy for a bill that prohibits smoking in vehicles in which children are passengers. When we come to the Committee stage, I would be prepared to accept an amendment to the bill restricting the prohibition to vehicles in which children are passengers. I am aware that there are a number of practical problems, which police have raised, in identifying whether children are present in a car in which a person is smoking. How does a police officer know whether there are children sitting on the back seat of the vehicle? It creates another grey area and makes police enforcement difficult. I believe it would be far simpler to have a blanket prohibition on smoking in vehicles, regardless of whether children are in the car.

Police have also raised concerns about the resources involved in enforcing the legislation. I believe it would be very simple. The legislation would be enforced in the same way as seatbelt legislation is enforced. With regard to that legislation, drivers are penalised if people in the vehicle do not wear a seatbelt. In the same way, if a person smokes while driving a vehicle, or he or she allows people in the vehicle to smoke, police would simply charge that person with an offence. In other words, the onus would be on the driver and/or owner of the vehicle; it would be their responsibility to make sure no-one smokes within the motor vehicle”, said Rev Fred Nile MLC.

“We have already had encouraging statements from the Government—statements that are encouraging to me personally. The Hon. Verity Firth, in her role as Minister Assisting the Minister for Health (Cancer), has initiated a discussion paper on the issue. I have received a briefing document on the proposed discussion paper, the purpose of which is to outline future possible measures to protect children from tobacco harm. The discussion paper, which was initiated by the Labor Government, is another leap forward in protecting the health of the citizens of New South Wales. A number of important proposals are to be included in the discussion paper. Obviously, the Government is testing the community's attitudes and responses to its various proposals, and that will assist the Government in preparing legislation on one or more of its proposals.

A number of the measures to be included in the discussion paper are extremely encouraging to me. One measure is ensuring that tobacco is out of sight of children at retail outlets. I have raised this issue over a long period. Indeed, I have given notice of a private member's bill to prohibit the display of tobacco products in retail outlets, supermarkets and so on. The display of tobacco products in retail outlets puts pressure on people who are trying to give up smoking. They cannot avoid being confronted with an attractive display; they are usually located at the checkout counter, which every shopper has to pass. Another measure to be included in the discussion paper is allowing only a single point of sale for tobacco in retail outlets. This is another positive proposition. A further proposed measure is the introduction of a licensing scheme for tobacco retailers, which obviously would be supported. Another proposal is additional proof of age requirements.

A further measure to be included in the discussion paper is the banning of tobacco sales from vending machines. This too is an important proposal. As we know, anyone can operate a vending machine. Underage people, who are prohibited from buying cigarettes in the normal way, can purchase them from a vending machine. A further proposal is the introduction of age restrictions for sellers of tobacco, which I believe is important. I would also include a further measure. For sometime I have been troubled by the way in which the tobacco industry now uses shops in shopping centres. A shop in Kiama shopping centre, for example, has many attractive displays of model cars but it is actually a retail tobacco shop. The shop has no purpose other than to sell cigarettes and tobacco products. It simply uses the displays of model cars, I believe, as a way of attracting families, and particularly males, to the shop. Children who see the displays of model cars perceive a link between smoking and toys: because toys are harmless so too must smoking be harmless. The discussion paper refers also to a prohibition on voucher or shop-a-docket discounts for tobacco, and, finally, the banning of smoking in cars in which a child is present. I am pleased this issue is now on the agenda of the State Labor Government, and I hope the Liberal Party and The Nationals will give further consideration to it in order that it is dealt with in a bipartisan way, as other bills relating to smoking have been dealt with in the past.

Child exposure to tobacco smoke is involuntary, and children are particularly susceptible to health danger caused by inhaling tobacco smoke. In addition, children of smokers are more likely to become smokers themselves. The Government has gone to great pains to introduce measures to decrease the community's exposure to environmental tobacco smoke in enclosed public places. However, to date those legislative measures have not included provisions relating to motor vehicles. The Government could introduce legislation to prohibit smoking in a vehicle in which a child is present, which would be enforced by the police. I am hopeful that the community's response to the discussion paper is overwhelmingly in support is this proposal—even among smokers and those involved in the smoking industry.

Members will recall that when this proposal was introduced initially the Government proposed—and I supported the proposal—that a joint select committee on tobacco smoking be established to examine and inquire into the Smoke-free Environment Amendment (Motor Vehicle Prohibition) Bill 2005, which was introduced by me in this Chamber. The committee, of which I was a member, spent sometime investigating this very issue. The report of that committee, which was published in June 2006, referred to some of the evidence that was place before the committee relating to people smoking in cars in which children are present. At page 126 the report states:

The Committee further notes the evidence from the California Air Resources Board cited in the Action on Smoking and Health (ASH) submission. That study documented the concentration of smoke particles within cars, which was found to be markedly higher than in other settings such as households, presumably as a result of the confined space within a car.

That is a very important fact that all members should note. It is difficult to compare the effect on people of cigarette smoke in a house with large rooms, or even in the open air, with the effect of cigarette smoke on a passenger in the small confines of a motor vehicle. Cars are normally driven with their windows wound up, and that increases the health risk. The Hunter New England Area Health Service gave the following evidence:

Young children are especially vulnerable to the health effects of ETS as a result of their small body size.

Other evidence referred to the consequences of people throwing lighted cigarettes out of car windows. It has been proved that such behaviour can result in bushfires. If people are not concerned about the health aspects involved, surely they would be concerned that cigarettes thrown from cars can cause bushfires. The New South Wales Fire Brigades gave evidence before the inquiry in the following terms:

7% of bush and grass fires responded to by the NSW Fire Brigades were reported to have been started by a cigarette. A further 10% were reported to have started as a result of heat from "smokers materials" including cigarettes. In 39% of bush and grass fires responded to, the cause was undetermined. Very similar figures were also provided for 2003/04. On this basis, Commissioner Mullins concluded, "Cigarettes have definitely been identified as causing 7% of bushfires in New South Wales, and possibly up to 49%."

The Cancer Council of New Sales, in presenting about the occurrence of smoking in cars, stated:

..at present 81% of car owners do not allow smoking in their cars and 60% of households with young children where a parent is a smoker do not allow smoking in cars.

The community is gradually responding to the health lesson but we still have one final bridge to cross: we must pass legislation to ban smoking in all private vehicles. It is the logical step to take us beyond what has been achieved up until now. In his evidence to the committee, Professor Chapman said:

..that there would be a high level of public support for a ban on cars carrying children, as did ASH and the Australian Medical Association (NSW). ASH cited a 2004 survey of over 1300 Australians which found that 73% of participants supported such a ban. The Australian Medical Association (NSW) referred to a poll indicating 90% support for a ban in respect of children.

Some witnesses argued that a simple approach based on education was sufficient to get the message across. Obviously if this bill is passed, an education campaign will be required to support it. As we have done with other legislation dealing with smoking, an education campaign will be implemented to advise smokers that six months after the passing of this legislation it will be an offence for anyone to smoke in a motor vehicle in which a child is present. It would not be an offence on the day after the legislation was passed. Smokers would have a period of six months to adjust. I believe that is a very important consideration. From my point of view it is important to maintain public support for the legislation to avoid a backlash against it. Recommendation No. 26, the principal recommendation of the Joint Select Committee on Tobacco Smoking, states:

That NSW Health fund and implement a sustained educational campaign aimed at reducing smoking in cars, based on the "car and home: smoke free zone"