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Just one person in north and north-east caught smoking in car with a child

The law means anyone caught smoking in their car with children present will be fined.
The law means anyone caught smoking in their car with children present will be fined.

Just one person has been fined for smoking in their car with a child in the north and north-east since it was made illegal more than three years ago.

The legislation was passed by the Scottish Government to help protect under-18s from the effects of second-hand smoke, and came into force in December 2016.

It gives police and certain council officials the power to issue fines of up to £1,000 to anyone they catch.

But data obtained by the Press and Journal via freedom of information request has found that no-one in Aberdeen, Aberdeenshire, Moray, or the northern and western isles has been penalised for this.

In addition, crime stats from the police show five people were handed fines between the law coming into effect and April last year, including one in the Highlands.

Anti-smoking charity Ash Scotland said the figures may show that officers need to do more to protect children’s health.

Chief executive Sheila Duffy said: “It seems there may be two explanations for what we’re seeing here – either people are largely taking the rules seriously or the police and councils are not picking up on breaches.

“If it’s the former, we are encouraged that the people of Scotland are acting responsibly to protect others from the harmful effects of second-hand smoke and we applaud them for doing so.

“If it’s the latter then we really do need to up our game.”

Superintendent Barry Blair acknowledged that officers had caught an “extremely low” number of people, but said they remain vigilant for anyone breaking the law.

He said: “If we receive information about such incidents, or if in the course of our daily duties we observe an individual smoking while in a vehicle with a child, we will submit a report to the procurator fiscal.

“The numbers of those being found in breach of the legislation are extremely low but we continue to urge the public never to smoke while in a vehicle with a young person.”

North East Labour MSP Lewis Macdonald said: “I was a health minister at Holyrood when we brought in the ban on smoking in public places, and one of the things that really struck me at the time was how almost everybody obeyed the new law from day one – even though not everyone liked it.

“Most parents do agree that smoking with kids in the car is bad for the kids, and even those who disagree do know it’s against the law.”

An Aberdeenshire Council spokesman said: “The reason we haven’t issued any fixed penalty notices is because the public are complying with the law.

“Clearly, we will continue to monitor the situation. If our council officers do witness breaches they will act accordingly.”