Lees-Galloway IainSMOKE-FREE ENVIRONMENTS (PROHIBITING SMOKING IN MOTOR VEHICLES CARRYING CHILDREN) AMENDMENT BILLSecond ReadingHon IAIN LEES-GALLOWAY (Minister for Workplace Relations and Safety) on behalf of the Associate Minister of Health: I move That the Smoke-free Environments (Prohibiting Smoking in Motor Vehicles Carrying Children) Amendment Bill be now read a second time. I'd like to thank the Health Committee for their work and consideration of this bill. I'm also extremely grateful to the people who submitted on this bill especially whānau tamariki and rangatahi. Their voices were essential for the consideration of this bill as it is primarily designed to protect our children and tamariki from the harmful effects of second-hand smoke. Too many of our whānau tamariki and rangatahi are exposed to second-hand smoke in vehicles they travel in. Other jurisdictions like Australia most Canadian provinces and the United Kingdom have already put in place legislation to prohibit smoking in vehicles with children and now it's our turn to do the right thing for our children. We have a duty under the United Nations Convention on the Rights of the Child to enact legislation like this. This bill will amend the Smoke-free Environments Act 1990 to make it an offence to smoke in a motor vehicle carrying anyone under 18 years old. Compliance and enforcement efforts will first and foremost be focused on public education and changing social norms. While this bill does introduce a new offence and infringement fee I'd like to emphasise that police will use their discretion over whether to issue a fee give a warning or provide information about stop-smoking cessation services available in our communities. The Health Committee received 147 written submissions and heard 19 oral submissions. The vast majority were overwhelmingly in support of the bill and its intent. Most submitters believe this bill will protect whānau tamariki and rangatahi from the dangers of second-hand smoke. During the process of consideration by the committee submitters raised suggestions about how the bill could be improved. However the committee was unable to recommend any amendments because of the relatively narrow focus of the bill which as I have said is primarily about protecting our children from second-hand smoke in cars. I would briefly like to outline some of the suggestions made by the submitters. Firstly submitters were concerned that vaping wasn't included in the scope of this bill especially as we do not know the long-term effects of second-hand vaping. We share these concerns which is why another bill will be introduced shortly that will prohibit both vaping and smokeless tobacco products—for example heat-not-burn products—in all smoke-free areas including vehicles. Secondly submitters argued against the bill's exemptions for vehicles which are stationary or used as a dwelling. This exemption makes it permissible for an adult to smoke in a vehicle with a child if the vehicle is stationary or used as a dwelling. People were unhappy with the idea that whānau tamariki and rangatahi living in vehicles including caravans and motorhomes would not receive the same protection as those who were travelling in vehicles. The committee listened to those concerns and understood them but they could not recommend any amendments to the bill as the Smoke-free Environments Act already treats public and private spaces like homes very differently. The bill does not take away a person's right to smoke in their own homes. We strongly urge anyone that is inclined to smoke in a car to step outside of the vehicle so that children are not forced to breathe in second-hand smoke. The Opposition signalled in the Health Committee report on the bill that they would be proposing an amendment to the bill in the committee of the whole House stage to remove this exemption meaning that police would be able to fine people for smoking in their motorhomes and caravans. I find this suggestion by the Opposition to be uncharacteristic of a party which has repeatedly voted against extending smoke-free provisions. They voted against a ban on smoking in workplaces they voted against banning tobacco advertising and almost all of them voted against a ban on smoking in bars and restaurants but now they want a wide ban that includes people who choose to live in a motorhome from smoking in their own private dwelling. While we might disagree on this matter I think we can all agree that not one single member of this House is supportive of people being forced to live in vehicles. Finally most submitters thought the 18-month lead-in period was too long and some committee members agreed. The committee understands that submitters have been waiting a long time for this bill and they want action as soon as possible. They have the best interests of children at heart and so do we but there needs to be an effective transition between Royal assent and when the offences come into force and we need to bring everyone along with us. The Ministry of Health needs time to educate the public about the changes being made to the law and for the Health Promotion Agency to develop and deliver an education campaign that will run before the offences come into force. We also need to be practical. Police have told the committee they need a minimum of 12 months or perhaps even longer to make sure the new offence can be included in their training programmes and IT systems. The 18 months is needed to make sure everything works before the bill becomes enforceable. This Government is committed to making New Zealand the best place in the world to be a child. This bill is part of our duty of care for the most vulnerable—our children—and for that reason I commend this bill to the House.