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

I am not opposing the amendment. I am trying to be helpful because I want this Bill to succeed and to be implemented as quickly as possible.

The intention of the original Bill's provisions and amendment No. 1 relates to the offence of smoking in a car where children are present. It is intended to give power to An Garda Síochána in respect of this offence. I agree with the comments made by people that the Garda is well positioned to do this and it is not a particularly onerous extra duty for gardaí. The amendment and the original Bill's provisions on the matter are deemed unacceptable in their current form for two reasons. First, section 47 of the Public Health (Tobacco) Act relates to prohibiting smoking in the workplace. The provisions relating to this are enforced by the environmental health officers of the HSE. It is not appropriate in the Department's view, which is supported by legal advice, that the provisions to prohibit smoking in cars, which is mainly a private space although some people have work space cars, should be made in section 47, which specifically relates to the workplace. The provisions relating to banning smoking in cars where children are present should be contained in a separate provision within the Public Health (Tobacco) Acts.

In addition, as this new provision has An Garda Síochána as enforcer, it is important that there is no legal confusion regarding the roles of An Garda Síochána and the HSE in respect of tobacco control matters. Therefore, it requires a separate section of the Act. This is not an insurmountable problem, but I am simply flagging it for the Senator.