Oireachtas Joint and Select Committees

Tuesday, 15 April 2014

Committee on Health and Children: Select Sub-Committee on Health

Public Health (Sunbeds) Bill 2013: Committee Stage

5:10 pm

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Before we proceed further, I wish to make a general comment. I have tabled two of the seven amendments on the list. I indicate my intention to table further amendments to sections 4 and 5 on Report Stage. I thank the Irish Cancer Society which has framed the proposed amendments for its continued interest in the issue.

It is important to recognise different skin types and take the opportunity presented by the Bill to include members of the public with skins types 1 and 2. While I have indicated my intention to introduce further amendments on Report Stage, I appeal today to the Minister to consider tabling amendments to this section. I would support such an initiative on his part. Perhaps he might use the opportunity in the intervening period before Report Stage to consider such amendments. His imprimatur is an absolute guarantee of success in the Dáil Chamber.

The wording of the amendments prepared by the Irish Cancer Society is eminently sensible and their application is undisputed. They would protect people who may not realise how prone they are to the adverse effects of exposure to sunbed use. There is a significant cohort of Irish people with skin types 1 and 2. The amendments are not only about protecting but also informing the wider public of the dangers involved and ultimately dissuading them from using this equipment in the future. I have the proposed wording of the Report Stage amendments.

I can copy my amendments to the Minister for his consideration over the intervening period.
I know this is going to be a relatively quick meeting. However, I ask the Chairman to be patient with me as I read what I propose to table on Report Stage into the record.

Prohibition on permitting the use of sunbeds by certain persons
4A (1) The owner, manager or employee of a sunbed business shall not sell the use of a sunbed on a sunbed premises to a person unless-- (a) the owner, manager or employee has assessed the person’s skin type in accordance with the Fitzpatrick skin photo type classification system; or
(b) the person has provided the owner, manager or employee with a certificate from a medical practitioner that certifies that the medical practitioner has assessed the person's skin type in accordance with the Fitzpatrick skin photo type classification system and states the results of that assessment. (2) A person whose skin type is assessed as Type I or Type II under subsection (1)(a) or (b) shall not be permitted to use a sunbed on the sunbed premises.
(3)A person who contravenes subsection (1) or (2) commits an offence.
Section 5 is similar and the wording is a repeat of 4A(1), except the latter section uses the term "A person shall not sell" instead of "The owner, manager and employee ... shall not sell".
That is the gist of both amendments to sections 4 and 5. That is the kernel of it and the intent is self-evident. I do not expect the Minister to indicate at this point but I hope that over the intervening period he will give serious consideration - preferably favourable consideration - to their inclusion on Report Stage, and in his name if possible.