James Reilly (Dublin North, Fine Gael) | Oireachtas source

The purpose of the Bill is to prohibit smoking in cars where children are present and it will be enforced by the Garda Síochána. Environmental tobacco smoke is a carcinogen and contains the same cancer causing substances and toxic agents that are inhaled by the smoker. There is no safe level of exposure to second-hand smoke. In children, exposure to second-hand tobacco smoke is a recognised risk factor for the development of asthmatic symptoms and increased risk of other illnesses such as pneumonia, bronchitis and middle ear infections. Exposure to tobacco smoke is particularly harmful in enclosed spaces, such as cars. Children's exposure to second hand smoke in cars is involuntary - they are unable to remove themselves from risk if people smoke around them. This Bill is very significant, therefore, in protecting children. I commend Senators Crown, van Turnhout and Daly for originally bringing this Bill forward.

I will now take the Deputies through the Bill section by section to clarify its provisions. Section 1 deals with the interpretation of some of the terms used for the purposes of the Bill. For example, a child is defined as any person under 18 years of age. The terms "mechanically propelled vehicle" and "public place" have the same meanings as laid out in the Road Traffic Act 1961.

Section 2 sets out the prohibition on smoking tobacco products in mechanically propelled vehicles in which a child is present.

It specifies that a person who smokes a tobacco product in a vehicle in which a child is present shall be guilty of an offence. This also applies in situations where the smoker himself or herself is under 18 years of age and is in the presence of another child. Where this offence is committed by someone who is not the driver, the driver shall also be guilty of an offence.

The section does, however, contain defence provisions. A defence exists where the person smoking reasonably believed that others present in the vehicle were over 18 years of age. There are also defences for the driver. One defence is that the driver was unable to stop the other person from smoking because he or she did not wish to take any action which might compromise the safety of the passengers. Another defence is where it can be shown that the driver made all reasonable efforts to stop the other person smoking. This section also states that where An Garda Síochána is of the view that a person present is a child, then this presumption remains until the contrary is shown and proved.

Section 3 sets out the powers of An Garda Síochána under the Bill. Where a member of the Garda believes that a person is smoking in a vehicle with a child present, he or she may ask the driver to stop the car, and demand the name and address of any person who may be committing an offence. Where a person fails to stop the car, or to give his or her name and address, or provides false information, he or she shall be guilty of an offence.

Section 4 makes provisions for the issuing of a fixed charge notice in connection with offences under the Bill. It specifies that a fixed charge notice may be served on a person where a garda has grounds to believe that he or she has committed an offence under the Bill. The provisions, on which I will not go into detail here today, are similar to the standard operating procedure already in place under the fixed charge notice system operated under the road traffic Acts.

Section 5 deals with regulations, allowing the Minister for Health to make regulations for prescribed items in the legislation, for example, the form to be used for issuing a fixed charge notice under the Bill, and the prescribed amount to be paid under the notice.

Under Section 6, a person who is guilty of an offence under the Act shall be liable on summary conviction to a class D fine. This includes an offence of refusing to stop the vehicle, refusing to give a name or address, or giving false information. At present, a class D does not exceed €1,000.

Section 7 of the Bill makes standard provisions setting out the Short Title of the Bill and arrangements for its commencement.

Before I finish I wish to remind Deputies that for five decades, the tobacco industry deliberately concealed facts about the dangers of smoking. It disputed any link between second-hand smoke and poor health. I ask Members not to allow for any manipulation of the truth. The truth is that smoking kills, and that second-hand smoke is a recognised risk factor for the development of asthmatic symptoms and increases the risk of other respiratory illnesses and other problems.

I thank Senators for originally bringing forward the legislation. Before I sit down I want to draw for the House the image of a child stuck in a child seat in the back of a car in a fog of smoke, to his or her detriment. As a State we owe a duty of care to children. As the Minister for Children and Youth Affairs I owe a particular duty of care to children. We must protect children from irresponsible adults who would expose them to such a serious risk to their health.

A newspaper article published today rightly points out the plain packaging legislation will face technical objections from some countries in the EU. I had a phone call this afternoon from the Commissioner, Mr. Tonio Borg, stating the Commission has made no negative comment on the Bill. It is important people understand this.

I commend the Protection of Children's Health (Tobacco Smoke in Mechanically Propelled Vehicles) Bill 2014 to the House. The Opposition has been very kind and good in its support in the past and I look forward to its support on this also.

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