Guernsey’s Ban on Smoking in Vehicles with Minors Takes Effect

Guernsey’s prohibition on smoking in automobiles transporting children under the age of 18 has officially commenced. The States of Guernsey had determined in May to classify “smoking a tobacco product in an enclosed motor vehicle carrying a child” as a criminal offense. Guernsey Police indicated that this offense would result in a Band C fixed penalty notice of £125, or £115 if paid within seven days. Lucy Cave, representing the Health Improvement Commission, stated that in the absence of such legislation, “people then assume, wrongly, that there is less of a danger or that there is less harm.” Similar bans on smoking in vehicles with children have been unlawful in England, Wales, and Jersey since 2015. Guernsey’s deputies published the new statute in September, and it was approved by the States Assembly on October 23. However, Simon Clark, director of the UK smokers’ lobby group Forest, expressed his view that the legislation was unnecessary. He remarked, “We’ve always felt that legislation is a step too far, it’s unnecessary.” Clark further added, “We’ve seen over several decades that smokers have changed their behaviour, and especially around children, and they should get some credit for that, not another law dictating how they behave.” Deputy Al Brouard, president of the committee for Health and Social Care in Guernsey, commented, “This new law is evidence-based on the risk of exposure to tobacco toxins and brings Guernsey into line with other jurisdictions.” He also affirmed, “The committee for Health and Social Care is committed to providing environments for good health, including improving the health of children and young people.” Jersey Police has stated that it cannot confirm the number of fines, if any, that have been issued since a similar ban was introduced there. The force explained, “Our primary focus has always been on educating the public about the dangers of smoking in cars with minors rather than strictly enforcing penalties.” Anthony Lavery, a senior lecturer of public health at Imperial College London, authored a research project investigating the effects of the legislation implemented in England in 2015. The study concluded that fewer children were exposed to second-hand smoke following the enactment of the law. Mr. Lavery noted, “The main aim of the law is to reduce the exposure of children to second-hand smoke so it’s not to see more people convicted.” Guernsey Police has been contacted for comment regarding the new measure.