The police have yet to issue a caution to a motorist for smoking in their car while carrying a child passenger.

In Tynwald, Children’s Champion Daphne Caine (Garff) asked Home Affairs Minister Bill Malarkey how many motorists had been stopped or cautioned by police, since March last year, for committing such an offence.

The minister admitted: ’Regrettably, the police cannot say how many people have been stopped as it is entirely impractical for the constabulary to record what everybody is stopped for.’

He confirmed no cautions had been issued by the police.

’However, there is a small chance that the police have issued a notice as a standard fixed penalty notice, because there is a tick box on the fixed penalty notice for "other", so that particular offence would not be itemised.’

Three fixed penalty notices were issued on the ’other’ specification.

Mrs Caine asked whether there had been any pro-active policing of the law.

Mr Malarkey said: ’The very fact that we have this legislation in place, I think is a deterrent.

’As to whether police resources at the moment should be looking for, specifically, this particular crime - if you want to call it a crime - that is entirely up to the chief constable.’

Julie Edge (LibVannin, Onchan) expressed concern that no record was kept of the reasons for stopping motorists.

Mr Malarkey said: ’My information is that not everything that they are stopped for is actually recorded. If it is a simple telling off, it may not be actually recorded.’