Áine Brady (Kildare North, Fianna Fail)

On the conclusion of Second Stage, I thank Deputies most sincerely for their contributions. I share the concern about our young people and the number who smoke. The ban on the point of sale advertising is particularly aimed at children and young people.

We had a one year lead-in to this Bill. The then Minister of State at the Department of Health and Children, Deputy Mary Wallace, announced the changes on 27 March 2009. Deputy Wallace and I met with all groups that sought a meeting during that time, as did my officials. I met representatives of the Irish Cancer Society and the Office of Tobacco Control to discuss these proposals. I appreciated the input of these groups. ASH Ireland, in particular, did not seek a meeting with me.

Regarding Deputy O'Sullivan's point on specialist shops, there are five such shops at present and it is unlikely that we will have any more. Over 90% of the Irish tobacco market is cigarettes. No ordinary retailer other than a specialist could have a viable business unless he or she sold cigarettes.

Regarding signage, signs other than the statutory sign cannot refer to tobacco. The current signs are not in breach of the legislation. As well as tobacco, there is a surprisingly wide range of age restricted products found in retail outlets that sell tobacco. Examples include alcohol, lottery tickets, petrol, some aerosols, disposable lighters, knives and some DVDs. There can be no legitimate objection to a sign drawing attention to the fact that age identification may be required as long as tobacco is not specifically referred to. Retailers have made the point that it is helpful for staff to have a sign to point to when dealing with troublesome customers. There is a need to find a solution to this problem and a sign not specifically referring to tobacco is an acceptable solution.

Deputy Ó Caoláin stated that there was an impression given that the Bill only affected the display aspect. No such impression was given. The change proposed will affect all offences and this was made clear when the change was announced. This was the main issue I discussed with the Irish Cancer Society.

Deputy White mentioned the review of the legislation. The tobacco control legislation and its operation is routinely monitored and the suspension from selling tobacco will also be kept under review. I appreciate that Deputies were concerned about the smuggling of tobacco products and I share this concern. The Revenue Commissioners continue to implement a wide range of measures to combat smuggling, including seizing illegal products, the prosecution of offenders, monitoring sea cargo and international courier and air freight services and monitoring Internet sites and sales patterns.

In particular I note the concerns many Deputies expressed with regard to the proposed removal of the mandatory 90 day suspension from the retail register when a retailer commits an offence. I emphasise that careful consideration was given to this point when the legislation was being drafted and I am confident that the proposed change is a sounder approach that will better serve the tobacco control agenda in the long term. It is a judgment call. The period of suspension is mandatory and the only change proposed is the duration of the period of suspension which will now be a matter of judicial discretion. I will elaborate on that on Committee Stage.

As I mentioned in my opening speech, the purpose of the Bill is to address legitimate points that were raised with the Department over the past year. It does not represent any weakening of the Government's position on tobacco control. With the introduction of the 1 July package, when international tobacco measures are compared, Ireland's position is at the forefront. The protection of our younger people is a particular objective of the Bill.

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