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If you smoke in a car that has a child in it, you will be fined €100

The law comes into effect on 1 January.

PEOPLE WHO SMOKE in cars where there are children present will be fined €100 from 1 January.

The move was today announced by Health Minister Leo Varadkar and Children’s Minister James Reilly.

Those who do not pay the fine will then be dealt with by the courts.

The law, which was passed last year, defines a child as anyone under 18, but drivers can receive a reprieve if they can prove they could not stop the person from smoking.

Those who do not pay the fine could end up paying €1,000.

Speaking today at Government Buildings, Reilly said that the move would protect children. He added that the suggestion that the government would take steps to stop people smoking on the street was “a different matter”.

He denied that the move was a “nanny state” initiative.

Ash Ireland, an anti-smoking lobby group, said they had been pursuing the law for eight years.

Forest Ireland, a smokers’ lobbying group supported by three of the world’s largest tobacco companies, says the law is “gesture politics”.

“Most smokers know smoking in a car with children is inconsiderate. That’s why the overwhelming majority don’t do it.
The new law is a waste of time and unenforceable. It will make no difference to public health but it represents a worrying intrusion by government into people’s private space.

A study from the University of California last year found that nonsmokers sitting in an automobile with a smoker for one hour had markers of significantly increased levels of carcinogens and other toxins in their urine.

Read: You’ll now have to break a €20 to buy a pack of cigs

Read: The ‘devastating’ common illness we need to talk about

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84 Comments
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    Mute Joe Arthur
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    Dec 17th 2015, 10:34 AM

    Good.

    235
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    Mute Fred Astare Astare
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    Dec 17th 2015, 10:40 AM

    Soon you will not be allowed Fart in public!

    100
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    Mute James Mitchell
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    Dec 17th 2015, 10:41 AM

    Ah yes. Because farting causes cancer….

    205
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    Mute IrishGravyTrain
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    Dec 17th 2015, 10:54 AM

    Wait for it. Farting is possibly one of the few things that doesn’t cause cancer yet. Don’t worry though, there will be a scientific study along soon enough to say it will.

    72
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    Mute Fred Astare Astare
    Favourite Fred Astare Astare
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    Dec 17th 2015, 10:59 AM

    Hands up who Farts in public!

    Any red thumbs I get will be considered liars…….

    92
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    Mute Tom Burke
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    Dec 17th 2015, 11:01 AM

    If you ate a good diet you would rarely fart.

    20
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    Mute Amy Gaffney
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    Dec 17th 2015, 11:46 AM

    A good diet has nothing to do with it. A lot of fruit and veg cause gas. And beans, an apparent superfood, we all know what they do!

    55
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    Mute Diarmuid Doran
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    Dec 17th 2015, 2:15 PM

    LOL Here you go , Farts prevent cancer from that bastion of modern journalism http://www.mirror.co.uk/news/weird-news/farts-can-fight-cancer-well-6793616

    7
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    Mute Mark Ryan
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    Dec 17th 2015, 2:17 PM

    @the druid the state can intervene with rules and laws when it benefits society… This is one that benefits everyone going forward, it’s not an invasion of privacy but a health care strategy, in same way as smoking ban in pubs. Any person who smokes around children is irresponsible. So your comment of a nanny state makes no sense,

    12
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    Mute Brian Jimp
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    Dec 17th 2015, 2:19 PM

    Actually, it’s been proven that farts are toxic, so perhaps this new legislation could be expanded to include them?

    5
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    Mute Fred west
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    Dec 17th 2015, 2:33 PM

    Im partial to letting off a Silent – but – violent fart in public places .Obviously not standing in a queue or anything but rather a walk by manoeuvre where there is a window of escape to avoid being suspected .Watch the reaction from afar and then the inevitable finger pointing . Women do it all the time id say ! Me , i just do it for kicks.

    11
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    Mute Joe Joyce
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    Dec 17th 2015, 5:06 PM

    Farting can give u pink-eye tho

    1
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    Mute TomTraubert
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    Dec 18th 2015, 3:13 PM

    Mark

    Smoking ban in the workplace, not just pubs.

    Before the smoking ban (as called the smoking ban in pubs) it was not illegal to smoke in the workplace. It was something enforced by the employer.

    1
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    Mute UM
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    Dec 17th 2015, 10:44 AM

    It’s really not about enforcement but about the message being sent out to stupid people who know no better than to smoke around children.
    Anyone who smokes around children is extremely selfish

    120
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    Mute Amy Gaffney
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    Dec 17th 2015, 11:48 AM

    I never give out about red thumbs but in this instance I’d like one of them to explain why it’s not selfish.

    31
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    Mute Irish Politico
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    Dec 17th 2015, 11:10 AM

    Maybe they should fine the heavily pregnant women who stand smoking outside hospitals too. Idiots.

    85
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    Mute Stephen
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    Dec 17th 2015, 12:57 PM

    Fair point but there is a school of thought that suggests that the stress of quitting is worse on the baby than the effects of smoking. Best case scenario is that the woman would quit before becoming pregnant.

    18
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    Mute Neal Ireland Hello
    Favourite Neal Ireland Hello
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    Dec 17th 2015, 1:05 PM

    Maybe they’re just fat?

    14
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    Mute thejynxeffect
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    Dec 17th 2015, 2:13 PM

    Just because some people don’t live up to your perspective on health and parenting, doesn’t mean the government should intrude on people’s lives and fine people for not acting how the government would like them to act.

    12
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    Mute Mark Ryan
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    Dec 17th 2015, 2:26 PM

    @thejynx that’s the exact job of the government! To set standards and rules which benefit society as a whole

    2
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    Mute whereisspace
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    Dec 17th 2015, 5:01 PM

    Bloody hell jynx, that’s exactly what the government is there for!

    1
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    Mute Sarah Ennis
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    Dec 17th 2015, 10:56 AM

    Id say it will be as well enforced as the using your mobile phone Legislation.

    74
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    Mute Mark Ryan
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    Dec 17th 2015, 2:25 PM

    Enforcement isn’t as important as behaviour changing . Some people will have common sense to change theirs and this will make a difference, at least now those who don’t can be prosecuted…

    13
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    Mute William Boyd
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    Dec 17th 2015, 9:53 PM

    oh for crying out loud the car exhaust is about a million times more toxic than so called 2nd hand smoke, 2nd hand smoke the greatest lie ever told.

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    Mute William Boyd
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    Dec 17th 2015, 10:27 PM

    or should I say a zillion times more toxic, I’m all for the click bait “think about the children” but only when its been used in a truthful context.

    two children in car with exhaust fumes pumped in?.

    two children in car with engine turned off with chain smoker?.

    the first two children would be dead in pretty much minutes, chance the chain smoker might actually outlive the children that he inflicted such Chernobyl like fumes and live to a ripe old age?.

    Think about the children I tell you, think about the children.

    4
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    Mute Fionn Bohane
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    Dec 17th 2015, 10:35 AM

    Put em in the boot or tie them too the roof , they’ll be grand sure…

    73
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    Mute Chris Judge
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    Dec 17th 2015, 10:43 AM

    the smoker or the children?

    42
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    Mute Fionn Bohane
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    Dec 17th 2015, 10:53 AM

    The kids obviously, who’s gona drive the car? Secondly trying to spark up a fag while tied down too the roof of a moving car will be damm near impossible..

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    Mute Paul Fanshawe
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    Dec 17th 2015, 10:42 AM

    Yeah sure, and if you use your phone while driving you will be fined also, but still thousands do it every day with impunity. Make the laws and then make sure that you haven’t got the resources to enforce them. Such is the way things is on Paddy’s Green Shamrock Shore.

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    Mute Warai Aoi
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    Dec 17th 2015, 1:44 PM

    And then there is the massive number of fines and penalty points that are still being wiped by garda superintendents.

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    Mute Brendan Hill
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    Dec 17th 2015, 10:35 AM

    And a box in the chops as well would do no harm.

    51
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    Mute For Connolly
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    Dec 17th 2015, 10:38 AM

    Bout time. Should be done for wreckless endangerment as well.

    51
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    Mute Aidan
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    Dec 17th 2015, 11:00 AM

    Smoking around kids obviously needs to be stamped out but if you smoke in a car with a child there’s a 90% chance you’re an idiot, you’ve no job & are on the dole.
    This will clog up the courts with people going to jail for 20minutes in lieu of the fine just to add to all their other fines and convictions

    34
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    Mute Chief
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    Dec 17th 2015, 11:21 AM

    You forgot to add in the part where your shite doesn’t stink and these smokers are also probably black travelling protestants.

    31
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    Mute Shane Harron
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    Dec 17th 2015, 11:24 AM

    leave the prods alone!

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    Mute Fred Astare Astare
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    Dec 17th 2015, 11:58 AM

    Yeah! Leave the Prods alone. Its the other Feckers we’re after…..

    9
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    Mute Neal Ireland Hello
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    Dec 17th 2015, 1:09 PM

    Ah sure let them smoke, then. Can’t be clogging up the courts for twenty minutes just for something as trivial as a child’s health!

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    Mute Aidan
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    Dec 17th 2015, 2:46 PM

    How will someone who doesn’t give a toss, has legal aid smokes in their car on the way to court, smokes in their house around the kids anyway, be effected by a 20 minute round trip to the joy.
    Anybody this could effect won’t do it

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    Mute Aidan
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    Dec 17th 2015, 2:48 PM

    You really shouldn’t try humorous sarcasm @Chief
    You’re IQ is clearly lower than room temperature wherever you go so stick to your crayons & colouring

    1
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    Mute TommyRyder
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    Dec 17th 2015, 10:52 AM

    You should always ask the child if it’s OK to smoke before lighting up.
    Some kids don’t mind – some kids do.
    When I have my 6 year old daughter with me I always ask:
    ‘Sweetheart..do you mind if daddy has a cigarette? – you know daddy loves smoking while driving – you do love daddy don’t you’
    She always agrees.
    Recently she actually tells me that she loves the smell of smoke and asks me can she have a puff on the cigarette.
    But I’m a responsible parent so I tell her she’s too young….that she’ll have to wait until she’s at least 8 before she can start smoking.
    I do support the ban on tobacco advertising but kids should have the freedom to make their own choices shouldn’t they.
    Otherwise how will they ever learn to make responsible decisions on their own in life?

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    Mute TommyRyder
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    Dec 17th 2015, 10:54 AM

    But I certainly will be advising her to smoke rollies as they are not as harmful as the coffin nails in the box.

    19
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    Mute Fred Astare Astare
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    Dec 17th 2015, 11:04 AM

    “Careful now”

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    Mute Neal Ireland Hello
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    Dec 17th 2015, 1:10 PM

    Do you also ask the child to sign a waiver in case of any possible future ill-effects caused by the smoke?

    2
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    Mute Hipster Enda
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    Dec 17th 2015, 10:48 AM

    More like, if you get caught smoking in a car with a child in it you will be fined €100.

    I see at least two people every day driving on the phone, completely oblivious to everything going on around them. I guess they’re all getting fined/penalty points also.

    We’re great at bringing in rules. Not too good at enforcing them.

    26
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    Mute Mark Ryan
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    Dec 17th 2015, 2:23 PM

    Can you say the law against driving while on a mobile hasn’t changed people’s behaviours? That’s what it was designed to do, unfortunately all people don’t have the common sense to obey this law but the fact they can be prosecuted if caught will change the behaviour and make people safer…

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    Mute Simon O Callaghan
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    Dec 17th 2015, 11:24 AM

    What about during pregnancy!!!!

    26
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    Mute TommyRyder
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    Dec 17th 2015, 11:26 AM

    Congratulations Simon.
    A Christmas baby. Wonderful news.
    Delighted for yourself and your ‘partner’.

    6
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    Mute Steven Talbot
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    Dec 17th 2015, 10:48 AM

    Tut, well now I have to leave the kids at home. No santy visit today

    24
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    Mute Celtic Fern
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    Dec 17th 2015, 10:36 AM

    And this revenue collecting will fix it , ño doubt

    23
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    Mute Reg
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    Dec 17th 2015, 10:57 AM

    Doubt this will generate revenue of any consequence but it does highlight the issue and will make some people think twice, and for that I welcome it.

    30
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    Mute Mark Ryan
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    Dec 17th 2015, 2:20 PM

    If it stops even a few people it’s a result, it’s sad that this is such a big issue that a law had to be enforced to stop it… This should have been common sense but it’s always been obvious that smokers are selfish

    3
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    Mute Jimmy Murphy
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    Dec 17th 2015, 1:02 PM

    When is Leo going to stop pissing around with nonsense like this & calories on menus & do some real work? Maybe someone should cuff him to a patient’s trolley until they’re seen and treated and that might give him some perspective.

    22
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    Mute KevinMunster
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    Dec 17th 2015, 11:52 AM

    More nanny state.. You could have the window down

    18
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    Mute Mark Ryan
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    Dec 17th 2015, 2:26 PM

    Please say you don’t have kids?

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    Mute Void bringer
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    Dec 17th 2015, 12:20 PM

    Common sense and Education should prevail here.Don`t smoke around kids. Period. But what I would like to see is Leo spending more time and money, getting people off trolleys in” Accident and Emergency Departments” instead of the usual approach of trying to lighten you`re pocket at every turn, with tax`s and fines. Which to be fair he`s good at. No wonder Enda thinks your doing a great job Leo.

    17
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    Mute Mindfulirish
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    Dec 17th 2015, 11:46 AM

    As if the Gardai don’t have enough to do.
    I would prefer if they used the time to catch the thugs who terrorise the old and fearfull people afraid of their lives living around the country.

    16
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    Mute Neal Ireland Hello
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    Dec 17th 2015, 1:07 PM

    How long does it take to give somebody a ticket for smoking? Less than a minute I’d say. Hardly a huge drain in their criminal-hunting time,

    1
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    Mute Johnny BeGoode
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    Dec 17th 2015, 12:46 PM

    Could we get the same thing for playgrounds? Couldn’t tell you how many times I’ve been to the playground over the summer with my 1 yr old… to have a grown adult smoking 5 feet away. I know it’s not she same a confined space like a car… but it is the height of ignorance IMO… and with no ‘no smoking’ signs not a lot you can say.

    14
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    Mute Bill ORourke
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    Dec 17th 2015, 11:15 AM

    A lot of things wrong with this and one of them is that it wont be applied to certain sections of the community, as is the case with the rest of this “social” legislation.

    13
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    Mute John Tierney
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    Dec 17th 2015, 12:39 PM

    It’s always about the money.

    11
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    Mute Steven Talbot
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    Dec 17th 2015, 10:56 AM

    Tut, I,ll have to leave them at home now. And the sanity visit was today and all

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    Mute Darren Lynch
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    Dec 17th 2015, 1:41 PM

    I don’t think there will be to many people worried about that. The man power isn’t there to enforce the road laws we already have.

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    Mute Thomas Meaney
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    Dec 17th 2015, 11:52 AM

    What happens in the case that your smoking and yoir kids smoking too? Now there’s a question….

    9
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    Mute Al Ca
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    Dec 17th 2015, 12:16 PM

    No…that’s not a question if you read the article.

    1
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    Mute Warai Aoi
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    Dec 17th 2015, 1:47 PM

    You can pass what ever laws you like if it will not be enforced, it won’t have any effect. The garda inspectorate and the representative organisations have been saying the same thing for years now, the traffic corps doesn’t have the manpower, training or gear to do its job properly.

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    Mute Mark Ryan
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    Dec 17th 2015, 2:28 PM

    Yes but the creation of a law itself will change some people’s behaviours without a single ticket being issued and that’s a positive

    1
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    Mute Peter Buchanan
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    Dec 17th 2015, 1:33 PM

    No kids in my car.

    6
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    Mute joeythelad
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    Dec 17th 2015, 12:23 PM

    another one of these laws that wont be enforced just like the child smacking and the dangerous dog muzzle act

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    Mute Who's Yer Man
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    Dec 17th 2015, 11:55 AM

    It’s not like the ban on talking on your phone has had much effect. It’s difficult to police, but is a step in the right direction. There’ll be people who just won’t give two craps though.

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    Mute Alan Scott
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    Dec 17th 2015, 10:57 AM

    I agree with the law there should a period of getting the message through and the overhead message boards on motorways should be used before any fines are collected

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    Mute Yvonne King
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    Dec 17th 2015, 11:52 AM

    Brilliant idea…How are they going to pull it off !! I’d be only too delighted to take a picture and send to the road authority.

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    Mute Richard Lippy Collins
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    Dec 17th 2015, 2:01 PM

    People shouldn’t smoke in enclosed spaces where there is children around anyway, it shouldn’t need to be a law.

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    Mute Inis Stone
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    Dec 17th 2015, 12:02 PM

    If you take a lift off someone smoking weed, you can be put off the road for driving weeks later

    3
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    Mute Alan Scott
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    Dec 17th 2015, 1:57 PM

    I have seen drivers smoking in cars but always with the drivers window fully opened and with their hand outside I think this practise will be outlawed as well . Why not fine the person who’s smoking?

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    Mute OCallaghan TP
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    Dec 17th 2015, 3:55 PM

    In fairness. .This crap is getting out of hand. ..If you scratch your arse in the car you will get penalty points soon enough

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    Mute Rodger 5
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    Dec 17th 2015, 2:15 PM

    Only question is what will come first, the Resurrection or a conviction? kinda like the cycling laws, really pretty but no real substance.

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    Mute John Reid
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    Dec 17th 2015, 5:59 PM

    The hypocrisy and irony of James Reilly and this Government, who introduced the abortion of defenceless Irish children (and want to make it even easier to do so) into Irish law and who want to build the much-needed National Children’s Hospital on the worst possible hospital site in Ireland, in introducing an invasive law like this under the banner of “protecting children” is just shameless and should not go unnoticed.

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    Mute Al Ca
    Favourite Al Ca
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    Dec 17th 2015, 6:13 PM

    You must be gumming already.

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    Mute OCallaghan TP
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    Dec 17th 2015, 3:57 PM

    This crap is getting out of hand. .If you scratch your arse in the car you will get penalty points for soon enough

    1
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    Mute Mark Ryan
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    Dec 18th 2015, 3:34 PM

    So in your eyes something which benefits children’s health is really bad???

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    Mute Michael Sands
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    Dec 17th 2015, 1:54 PM

    Who knows as in that photo she might only be lighting that cig for the child as she doesn’t want the child to burn herself lol.
    They say passive smoking is worse or is that just my humour lol.

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    Mute john truman
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    Dec 17th 2015, 6:23 PM

    Great idea wonder how many prosecutions there will be? Not many i bet

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    Mute Mark Ryan
    Favourite Mark Ryan
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    Dec 18th 2015, 3:35 PM

    If it stops a few ppl doing it, then it’s making an impact

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    Mute Tony Davidson
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    Dec 17th 2015, 11:36 AM

    I think those on here accusing the government of going too far and creating a nanny state are simply demonstrating their utter stupidity. Surely the first and most important duty of our elected officials is to protect those who are most vulnerable from those who would cause them harm.

    In this particular issue they are doing exactly that. Of course right minded people would never smoke in a car or around children, but their are those that do, and they should be prosecuted. If they want to poison themselves, go ahead, but they have no right to force their filthy habit onto their children.

    1
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