Mary Wallace (Meath East, Fianna Fail)

As the former Minister of State with responsibility for health promotion, I am familiar with the terms of the Bill, having worked on it. I congratulate the staff of the Department of Health and Children and, in particular, the Minister of State, Deputy Áine Brady, on bringing the Bill before the House today. The work done to bring about the changes from 1 July will make a difference in removing from the point of sale the advertising of smoking to children.

It is no exaggeration to say that this country has led the way in trying to reduce the number of smokers and in particular the number of young people taking up smoking. It is hard to believe that it was only five years ago that the smoking ban was introduced in Ireland. Deputies referred to today's legislation, but legislation from 2002 and 2004 was not put into place because of the actions of the cigarette companies in the courts. It was only when that position changed that the announcement could be made by the Government on 1 July 2008 that these changes would happen on 1 July 2009.

We can all remember how radical the smoking ban was when it was introduced in Ireland and how vehemently it was opposed by some groups at the time. We can now take clean air for granted and most of us would be appalled to see somebody lighting up in a pub or restaurant. It is great to think that, for a whole generation, smoking in the workplace is unthinkable.

The Government has been able to progress the 2002 and 2004 legislation because of recent actions by cigarette companies, and this year has seen the preparation and bringing into force of a number of regulations for 1 July 2009. For example, because of the product information regulations, a shopkeeper can show a pictorial list outlining the size of a packet with one image and list of warnings. There is a retail sign regulation, which a Deputy has queried, that confirms the size, colour and text font allowed. Those regulations have been signed off.

There is a registration regulation which concerns the setting up of a register by the Office of Tobacco Control, OTC. The Office of Tobacco Control has done significant work in this area and we saw the wonderful work it did in 2002, 2004 and since then. The setting up of a register will be important.

One of the concerns expressed yesterday in The Irish Times related to self-service vending machines and the issue of under age people being able to get cigarettes from 40% of outlets. The self-service vending machine regulations came into effect from 1 July 2009 and dictate that the vending machine must be in sight of the staff and activated by a token or card provided by staff, who must be satisfied that the purchaser is over 18.

All of those changes, combined with the legislation before us today, bring about change in this country from 1 July 2009 that should be as significant as what happened in 2004. I have walked into my local shops in the past few days, although the Houses have been sitting until the late hours, and there are significant changes behind counters. Children going in to buy sweets will not be bombarded with a big advertisement for cigarettes behind the cash register. The advertisements were removed from 1 July, which is significant for the children of the future.

There has been much debate about the effects on children. Deputy O'Caoláin mentioned statistics from the Office of Tobacco Control. The percentage of retailers who refused to sell cigarettes to under age people was 60% in 2008, which compared to 52% in 2007. As the Deputy indicated, those statistics are improving, but, as we would all agree, they are not yet good enough. If we do nothing else today, we should send a strong message to retailers that it is unacceptable for them not to seek identification from young people. Their efforts are currently insufficient.

The audit carried out by the Office of Tobacco Control indicated that, overall, 46% of minors who asked for cigarettes in shops were not asked for identification. This is a slight improvement from a year earlier, when the figure was 53%. Whether it 53% in 2007 or 46% in 2008, it is still not acceptable to the Members of this House that retailers in Ireland are not asking children or young teenagers for identification when they look to buy cigarettes.

The 2008 audit also showed that 96% of minors who were asked for identification were refused the sale, with the figure being 91% in 2007. One of the key findings from the Office of Tobacco Control was that retailers should ask for identification. Others have mentioned statistics relating to children.

In 2006, the Office of Tobacco Control figures showed that 75% of all smokers in Ireland started smoking before they were 18. Whether it is what the Opposition stated today or what the Government believes in its bringing forward of these changes from 1 July, we are all saying the same thing. We all want to ensure that everything possible is done to prevent people from taking up smoking.

All of us know people who smoke and every one of those people would prefer if they had never taken up the habit and could drop it. No Irish person that I know has said that they love smoking and are glad to have started. The difficulty is that over half of all smokers start before they are 16, and the problem must be addressed with young people in mind. That is the reason the Government is working to fine-tune the 1 July changes to do everything possible to remove the opportunity for tobacco companies to advertise to children in this subtle way in shops and airports. By doing so, it will make a difference.

One of the key issues that struck me when I worked on this was that the research done by Professor Ken Warner, the dean of public health at the University of Michigan. He examined the number of customers lost by the industry every year due to people quitting, smoking-related death and smokers dying of other causes. For every smoker who dies or quits, the industry needs a replacement smoker, such as a child who will become addicted and replenish the basis of long-term smokers. For the industry to maintain is customer base in Ireland, it is estimated that more than 50 children must start smoking each day. That is why the changes introduced on 1 July are key changes.

Legislation can only go part of the way towards reducing tobacco use. Peer pressure, parental example and the extent to which tobacco is perceived as the norm in certain social situations are all factors in fostering a relaxed attitude to tobacco use. Therefore, everything possible must be done to ensure that advertising of tobacco products ends so that children will no longer believe tobacco use to be the norm and fewer people will take up this terrible habit in the future.

The announcement on the changes introduced on 1 July was made in March. Certain Members have expressed concerns with regard to the 90-day period. I am sure the Minister of State will address that matter in her reply but the key point is that a judge will have discretion with regard to the period during which a retailer may not sell cigarettes following a conviction. A judge may impose a 90-day period if he or she is of the view that the situation merits it. However, every situation must be measured in the context of the offence. Many Deputies wrote to the Department of Health and Children - on behalf of their local shops, and so on - in respect, for example, of temporary staff members placing something on a counter by mistake and thereby causing difficulties for their employers. If a retailer can demonstrate that a temporary employee made a genuine mistake, then the matter can be taken from there.

Self-service will no longer be permitted at duty free retail outlets and tobacco products will be required to be kept in a closed container. Like other Members, I have not had the opportunity to pass through Dublin Airport since 1 July. However, I expect that when I have occasion to do so, I will not see shelves stacked with Carrolls, Silk Cut or Major cigarettes. That will be a major difference. As Deputy Jan O'Sullivan pointed out, the relevant provisions had to be tweaked to a certain degree on foot of concerns regarding duty free retail outlets here being able to compete with Heathrow and other UK airports.

The overriding concern among most people is that smoking involves a major risk factor. I met representatives of the Irish Heart Foundation, the Irish Cancer Society and Ash, which are wonderful organisations and which do great work in this area, on several occasions. As a result, I am aware that we must reduce the prevalence of smoking to mitigate cardiovascular disease, respiratory disease, many forms of cancer and a wide range of debilitating conditions. The Government has acted by bringing forward legislation, engaging in health promotion campaigns, dealing with the pricing issue at budget time and controlling the sale and advertising of tobacco. When people look back at what happened during the current period, they will state that the changes introduced on 1 July made a difference.

According to the SLÁN health and lifestyle behaviour study for 2007, 29% of adults reported that they were current smokers. Evidence demonstrates that pricing is a key tool. A 25 cent increase in the price of a pack of 20 cigarettes was introduced on 7 April 2009. Cigarette prices in Ireland are the third highest in Europe. However, I accept that we must take account of the fact that people can purchase cigarettes much more cheaply abroad and then bring them home in their suitcases. The Government must continue to introduce changes in this area because we must do everything in our power to safeguard the health and well-being of future generations.

This legislation, the changes introduced on 1 July and the legislation introduced by the then Minister for Health and Children, Deputy Martin, form a package of measures which mark this country apart. Internationally, Ireland is seen as a trailblazer in this area. Ireland was the first country in Europe to introduce legislation imposing a smoking ban and the model it employs has been copied across member states. Research shows that in the aftermath of the smoking ban, sales of cigarettes here decreased. However, young people and women are again taking up the habit in large numbers. That is a matter of concern to everyone in the House. The perception that smoking is cool or trendy continues to obtain among young people. We must seek to tackle that perception.

We must also seek to address the matters of accessibility and availability. This legislation and the regulations introduced on 1 July are designed to deal with these matters. As with sweets and comics, for many years cigarettes have been on display in newsagents. This serves to make them seem innocuous. However, since 1 July retailers have been obliged to remove all cigarettes and other tobacco products from view and ensure they are placed in closed containers which can only be accessed by said retailers and their staff. This will help to ensure that only those who are of an age at which they can legally purchase tobacco will be able to do so. Furthermore, no advertising of tobacco products will be permitted on retail premises.

As previous speakers indicated, an article in The Irish Times yesterday indicated that young people were able to obtain cigarettes from vending machines in 40% of outlets such as discos, bars and other licensed premises. The changes introduced on 1 July will assist in preventing this from happening because from now on vending machines must be token or card operated.

Smoking and its effects cost the health service more than €1 billion each year, cause the deaths of thousands and give rise to suffering for many more. The legislation makes the purchase of cigarettes by young people extremely difficult. The House must send out a strong message to retailers that it wants it to be difficult for children to purchase cigarettes and wants the legislation and the regulations introduced on 1 July to act as a deterrent.

Smoking is the leading cause of preventable deaths here. I am delighted the Government has been proactive in trying to prevent the sale of tobacco to those who are under age and in discouraging others from taking up this terrible habit.

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