Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)

As I said in my Second Stage remarks, the Public Health (Tobacco) Act 2002 very clearly and prescriptively lays out the penalties that apply regarding removal from the register and the consequent prohibition on the sale of tobacco products for three months for a summary offence and 12 months for a person convicted of an offence on indictment.

The amendments before us, with respect to my colleagues, speak of minimums. However, one does not need a minimum if one does not prescribe a maximum. The 2002 sections of the existing legislation are very clear. It is the amending Bill that creates the problem. It seeks to dilute the existing position from one that is quite clear regarding the penalties that apply, namely, three months and 12 months, respectively, and seeks now to speak of a maximum of three months and 12 months, respectively. It is only in the context of the introduction of maximum penalties that the amendments before us tabled by Opposition Deputies speak of minimums applying, and they believe that is necessary. My appeal to the Minister of State is to withdraw sections 3 and 5 and allow the current position to pertain.

I was in a store in my home town recently and saw a young shopkeeper's assistant request, very courteously but firmly, identification from people who were perhaps of her peer group. She was not happy that they were of the required age to sell tobacco products to. I was very impressed by the confidence of the young assistant making the challenge to demand identification and of the way she had been properly instructed by her employer as to how she should respond where there was any question or doubt as to the age of the person seeking to purchase such products. It was very impressive and needs to be the norm.

Why it is that, despite all the concerns as to how the ban on smoking in the workplace would be implemented and enforced, it has been so successfully implemented and enforced? I do not understand why we cannot expect a similar implementation and enforcement regarding the rigours laid out in the 2002 legislation vis-À-vis the display and sale of tobacco products to under age people. We have applied it in every other situation. Why can it not apply to retail outlets? It applies strictly in every other work environment. Why is it not possible to have the same understanding and co-operation regarding the point of sale?

This point is the kernel of the matter. The Bill indicates to me a half-hearted approach on the part of the Government regarding these measures. It reminds me of the introduction of Part V of the Planning and Development Act 2000 and how I welcomed the introductory remarks of the then Minister, Deputy Noel Dempsey. Yet, when the lobby got at it, legislation to amend the Act was introduced a couple of years later. It was watered down and those to whom it was addressed could literally buy their way out of their obligations to provide a quota of social and affordable housing in private developments.

This is another indication of a specific lobby seeking easement regarding the advertising, display and sale of tobacco products to children. There is no justification for such an accommodation. It should be absolutely firmly held to. The Government's proposition is fundamentally flawed which, in turn, invites the amendments before us. I hope the Chair will allow us the opportunity to oppose the section.

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