We’ve now seen the enactment of the new law which prevents people from smoking in cars in which children under 18 are also present. Curiously it is an offence for a 17 year old to inhale someone else’s smoke in a car, but not for that same 17 year old to smoke if she/he is alone in the car! However, if joined by another 17 year old, an offence is committed! The law really is an equus africanus asinus!
This new law is a superb example of a law which is almost impossible to properly police. It is also an example of a law that is overly- precise. The English have a curious habit of this. This is exemplified when one looks at the various ‘disorderly conduct’ legislation. There are separate and distinct offences which relate to bad behaviour in police stations, churches, cemeteries, and of course pubs. Why, when a generalised catch-all would do the job just as well?
The new car/children/smoking law has a unique sense of arbitrariness about it – a characteristic shared by the offence of being drunk whilst in charge of a child under 7. Why 7? Why not 8, 9 or even 10? Similarly, if a 16 year old can get married/join the army/have sex, why can she not inhale someone else’s smoke if she chooses? What was that you were saying about the law being a donkey?
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