Jan O'Sullivan (Limerick East, Labour)

I wish to share my time with Deputy Caoimhghín Ó Caoláin.

I must express my serious concern at the speed with which this legislation is being taken, and particularly that organisations such as the Irish Cancer Society, the Irish Heart Foundation and ASH Ireland did not know this was happening until a few days ago when they sought to make representations to those of us who will be speaking on the legislation today and to express their serious concerns. The industry and representatives of those who sell tobacco were aware for quite some time that there were proposals to amend the original Act and they had consultations on the content of the legislation. I object to this one-sided process as it did not afford a fair opportunity to those with a different point of view to discuss the changes being made in the legislation. The legislation, as published, could have been influenced by their views and the information that would have been made available to the Minister. Those of us seeking to amend the Bill could have had that information available to us in good time.

I had an opportunity to meet representatives of the Irish Cancer Society but only received written submissions from the other two organisations because there simply was not enough time to hear their concerns in person. Did the Minister of State, Deputy Áine Brady, have an opportunity to meet them? When legislating, we need to hear the arguments on both sides.

We have a very serious responsibility as legislators in respect of cigarette smoking and the purchase of cigarettes by children under the legal purchasing age and we need to hear all the facts and weigh them up as we proceed.

I have no difficulty about the provisions on duty-free purchases but have one or two questions on specialist tobacco shops. I am concerned about the main sections of the Bill that provide for judicial discretion on the period of time a person who is convicted of an offence under the original Acts is suspended from the retail register.

It is important to prevent young people from smoking in the first instance. The statistics are startling in that more than half of all smokers start before they are 15 and 83% start before they are 18. I find it very surprising that, from 2002 to 2007, there was an increase from 27% to 29% in the number of smokers. I believed there had been a decrease since I know many people who have given up smoking. The statistic probably indicates more younger people are taking up smoking, perhaps earlier than ever before, and that older people are quitting. I do not know the statistics on the period in question but must deduce from personal experience and the fact that one cannot smoke in pubs that it is likely the increase indicates many young people are smoking.

We must do everything possible to prevent young people from starting to smoke. Controlling the sale of cigarettes in shops is part of the solution, albeit only part of it. A large part of the solution involves education, making it not cool to smoke and changing the attitudes of young people, particularly young girls who regard smoking as a means of staying thin. We must get across the message that smoking is not attractive and we should change the attitudes of young people so they will not want to smoke. Our job today, however, is to amend the legislation.

The new point-of-sale measures came into force only on 1 July, yet we are taking steps to amend these measures without even determining their effects. Why are we doing so and why were the amendments not included in the original legislation? I presume there were representations made when the original Bill was being considered. Representations were received from cigarette vendors to the effect that mandatory removal from the register for a given period is not always commensurate with the offence committed. They believe that if an offence is fairly minor, one should not be removed from the register for three months. I have taken this on board in my proposed amendment but believe there is a need for some kind of mandatory removal from the register. If one is not removed, one can continue to sell cigarettes the day after committing an offence. We need a mechanism for the definite removal of the guilty vendor from the retail register.

I am particularly concerned that the organisations that focus on the unhealthy effects of smoking were not consulted on this Bill. Lung cancer is the biggest killer in Ireland and 1,600 die from it each year. The smoking of cigarettes is the primary contributor. Seven thousand die each year from smoking-related illnesses. The effect of smoking on the health of the population is extraordinary given the number who die from it and the number whose illnesses are related to it.

All of us, whether we smoke or have lived with smokers, know how difficult it is to quit smoking. This is why it is all the more important to deter young people from smoking in the first instance. We must ensure the measures in place are strong enough to do so.

I do not have a particular difficulty with the provisions on duty-free purchases because duty-free shops are designed to target a specific group. Members of this group make purchases in a controlled environment and must have a passport. I understand there will be no self-service of cigarettes and that they will be stored behind a counter in a box or container. There is an element of competition with other European countries over which gets to sell the duty-free cigarettes being purchased by those from beyond the European Union. I understand the thinking behind this.

Will the Minister of State address section 7, which pertains to specialist shops? There are only five specialist tobacco shops. One type sells just tobacco, including cigarettes. Another carries on, in part, the business of selling tobacco products by retail and does not carry on any business that consists, in whole or in part, of selling cigarettes. The Minister of State suggested they might also sell products such as wine. Is there a loophole allowing retailers that sell a variety of goods to sell tobacco also? While they may not sell cigarettes, they may sell the kind of tobacco one rolls to make one's own. There may be a loophole. I do not have a problem with the specialist tobacco shop that sells only tobacco products. When I heard the word "wine", I felt the provision could easily constitute a way to allow shops that sells many different products to sell tobacco, albeit not cigarettes. Will the Minister of State address this in her reply on Second Stage or during Committee Stage?

The issue of signs was brought to my attention by the Irish Heart Foundation and, I believe, ASH Ireland. I have not seen the signs because we have been pretty much cooped up in the House for the past week. I understand there are signs in shops designed to remind people of packets of cigarettes. I have not seen them and cannot say whether this is true.

Is it possible, by way of regulation under the legislation, for the Minister to specify the types of signs that can be erected, including their colour, size and message, and to ensure there are no subliminal messages on them? I presume that could be done by way of regulation if it is not already there. Maybe it is in the legislation but I have not seen it. We have to be wise to all the possible ways there might be of persuading young people to start smoking because that is what keeps the tobacco industry going. Older people are stopping. I imagine that the number of older people smoking has dropped. The evidence, however, is that young people smoke more now than in the past. We must make sure that every loophole is closed and every measure is taken to ensure that not only are cigarettes not sold to young people but that there are no messages going out to suggest that they should smoke. We will not oppose the Bill on Second Stage but I have proposed an amendment and there are others. We will certainly seek to ensure that anybody who contravenes the legislation will be subject to mandatory removal from the register.

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