Oireachtas Joint and Select Committees

Thursday, 12 October 2017

Joint Oireachtas Committee on Housing, Planning and Local Government

Prohibition of Micro-Plastics Bill 2016: Discussion

9:30 am

Photo of Seán SherlockSeán Sherlock (Cork East, Labour) | Oireachtas source

I thank the Vice Chairman and members of the committee for giving me a hearing today. The Bill is self-explanatory. Microbeads and other microplastics are used in a variety of cosmetic and personal care products such as scrubs, soaps, lotions and toothpastes. They are added to these products to make the product more abrasive or for decoration. The Bill is a follow-on Bill based on a Green Party Bill put forward by Senator Grace O'Sullivan. I acknowledge the role of the Green Party in bringing forward the issue in the first instance. Our Bill seeks to follow on from that and to strengthen the Bill to allow for us to legislate.

Section 2 provides for the prohibition of microplastics. It provides that a person who manufactures, sells, exposes, offers, advertises, keeps for sale, imports or attempts to import into the State for sale any cosmetic containing microplastics is guilty of an offence. A cosmetic is defined as meaning any cosmetic or personal care product, including but not limited to facial scrubs, soap, lotion, shower gel, sunscreen, make-up, deodorant or toothpaste. Microplastic is defined as meaning plastic particles less than 5 mm in diameter. The section provides that a person guilty of an offence is liable, on summary conviction, to a class A fine or imprisonment of 12 months or both and, on conviction on indictment, to a fine or imprisonment for five years or both. Provision is made for the liability of directors, managers, secretaries etc. of corporate bodies where they consent to or connive in the commission of an offence by the corporate body. The section provides that it is a defence for an accused person to prove he or she did not know and had no reason to suspect the cosmetic in respect of which the offence is alleged to have been committed contained microplastics.

That is it in a nutshell. I have brought forward my Bill on the basis that I believe the State should move to legislate. I understand the Government stated its intention to legislate on an earlier Stage. On Second Stage of the Bill such a commitment was made. I have not had sight of any Government proposal to legislate for the prohibition of microplastics yet. I am hopeful we can keep this issue on the agenda. If the Government is to legislate for this and if we see the heads of a Bill coming from Government, I would be very happy to withdraw or amend my legislation. Until such time as that happens, I hope to keep the Bill on the agenda. If the Second Stage debate is anything to go by, it is something on which there is a willingness across party political lines to legislate for and to be seen as taking leadership on globally, given we are a maritime nation. The scourge of microplastics is something that is having untold health consequences for sea life. We now have evidence that it is finding its way into the food chain. It is quite an important issue. I am hopeful the committee will retain the legislation or allow for safe passage of the legislation.

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