Áine Brady (Kildare North, Fianna Fail)

I move: "That the Bill be now read a Second Time."

Work on this Bill was initiated by my colleague, Deputy Mary Wallace, and I thank her for her work and her commitment to the preparation of this legislation.

As Deputies will be aware, on 1 July last significant further provisions of the Public Health (Tobacco) Acts were commenced. These provide that no advertising or display of tobacco products will be permitted in a retail premises that sells tobacco products and they require retailers to ensure that their tobacco products are stored out of view, within a closed container or dispenser which can only be accessed by the retailer or retail staff.

To inform potential customers of the brands on sale, a retailer may use a pictorial list to inform a member of the public aged 18 years and older who intends to purchase a tobacco product as to the products that are available. This pictorial list can only be produced when requested by a customer and must otherwise be kept out of sight. Retailers must also display a sign at their premises informing the public that tobacco products may be sold at those premises to people over 18 years of age.

In regard to self-service vending machines, these are now prohibited except in licensed premises and registered clubs and they must be token activated and be located within the line of sight of a member of staff at all times. The purpose of this measure is to ensure that under 18s cannot buy cigarettes from an unsupervised self-service vending machine. All retailers of tobacco products must register with the Office of Tobacco Control.

These measures, which were announced more than a year ago, are an important next step in responding effectively to the continuing public health crisis caused by the consumption of tobacco products, which, in the Irish context, mainly involves smoking cigarettes. The year long lead-in period allowed my Department, together with the Health Service Executive and the Office of Tobacco Control, to work with those affected by the new measures. In addition, a comprehensive guidance document was prepared and made available.

During this lead-in period a number of issues were raised with my Department, some, though not all, of which had merit. As a result, the current measure, the Public Health (Tobacco) (Amendment) Bill 2009, is before us today.

In summary, the Bill proposes some minor changes to the overall package of measures introduced on 1 July last and, in addition, the opportunity is being taken to introduce other minor changes.

The Bill comprises eight sections. Sections 1 and 8 are standard provisions. Section 2 provides a definition of cigarettes. To my slight surprise, a definition was not previously required in our tobacco control legislation.

Sections 3 and 5 provide for judicial discretion on the period a person who is convicted of an offence under the Public Health (Tobacco) Acts is suspended from the retail register. The effect of such a suspension is that they cannot sell tobacco products for the period of the suspension. As this proposal has attracted some critical comment, it would be helpful if I outlined the reasons for the proposed change.

This amendment is being introduced against a background of concerns that the existing penalty, whereby retailers would be removed and therefore be unable to sell tobacco products for three months, is disproportionate in the context of penalties under the Intoxicating Liquor Act. Where a person is convicted of an offence under the Intoxicating Liquor Act 2008, the licensed premises will be closed for two to seven days for a first offence and seven to 30 days for a second or subsequent offence. While it is not proposed to align the penalties, it is considered appropriate to allow a judge some discretion under the Public Health (Tobacco) Acts, as in the Intoxicating Liquor Act.

However, it should be noted the three-month penalty remains an option and retailers on summary conviction will also be liable for a fine of up to €3,000. The proposed change was influenced by a concern that the stricter penalty might not be imposed in practice. The decision was also influenced by the prospect of a legal challenge on the basis that a three month removal from the register would be a disproportionate penalty.

As the majority of retailers can be expected to be compliant, it is not envisaged that there will be a large number of prosecutions in the retail sector. I consider, therefore, the current proposal represents a sensible compromise.

Section 4 provides an exemption from the advertising ban for airport duty free retail outlets. They will be permitted to have on permanent display a pictorial list of tobacco products sold but will be required to conform to other significant changes in how they do business. Self-service will be abolished and tobacco products will be required to be kept in a closed container, meaning significant changes in the airport duty free sector. I intend to review this exemption towards the end of 2013. Section 4 also provides an exemption from the advertising ban for specialist tobacconist shops.

Section 6 empowers the Minister to make regulations to introduce combined text and photographic warnings, also known as pictorial or graphic warnings, on tobacco products. The European Commission has proposed a library of these warnings but, as their introduction is not mandatory, an enabling provision is required, hence the inclusion of section 6. These high impact warnings have already been introduced in several other EU member states and similar warnings have been introduced in some third countries such as Thailand, Canada and Brazil. My officials will develop an action plan for the introduction of these warnings.

Section 7 broadens the definition of a specialist tobacco retailer to be either a retailer who carries on, in whole, the business of selling tobacco products and tobacco related products by retail, or a person who carries on, in part, the business of selling tobacco products but other than cigarettes.

This amendment to the existing legislation will allow specialist tobacco retailers, of which there are no more than five in the State, the choice of either selling only tobacco products and tobacco-related products such as lighters, cigar cutters, humidors, ash trays and so forth as is provided in current legislation or in addition to selling tobacco products, selling a full range of non-tobacco related products, typically, wines, walking sticks, ties and high-end consumer goods but not cigarettes.

Tobacco control is a challenging task, requiring building public awareness of the issues and working to achieve public support for radical changes in how we live and work and in how we conduct our social lives. An excellent example of giving effect to this pragmatic vision of tobacco control was the introduction of a smoke free environment at work in March 2004. An important aspect in ensuring the success of this measure was convincing the public of the objective merits of the proposal. We should be in no doubt that measures which do not enjoy this support will not succeed. Our previous success, on which we must build, was based on establishing consensus and support, and this is the approach I am commending today.

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