Leo Varadkar (Dublin West, Fine Gael)

I am speaking in favour of the amendment tabled by Deputy Reilly, which I very much support. I am speaking as spokesperson for enterprise, trade and employment and as somebody who understands the pressures small businesses and retailers, in particular, are under in a very difficult economy where there is a shrinking market and rising costs, mostly imposed by Government. I am also conscious of the fact that I believe in personal freedom and rights of adults to make their own choices about how they behave.

I have been sceptical of some of the policies the Government has introduced regarding tobacco and alcohol. As we have seen, the recent increase in excise has not brought in any more revenue. In fact, revenues have fallen, as I predicted, contrary to what the paid economists and lobby groups who thought, for ridiculous reasons. I have concerns that some of the restrictions on signage and so on have gone too far, particularly those relating to antique signs, which was subject to a subsequent amendment.

I am also concerned that the Government may go too far on the issue of alcohol if it chooses to outlaw all alcohol advertising related to sport. It is currently under consideration by the Department and is unnecessary, given that there is a functioning and well-operating voluntary code of conduct covering the area. However, sometimes public health, particularly that of children, overrides concerns about economic and personal freedoms.

There is no safe level of consumption of tobacco, unlike alcohol. There is no scientific evidence that tobacco can be enjoyed safely or could ever be good for somebody's health. Unlike fatty foods, there is no safe level for tobacco and if it were to be introduced to the market for the first time today, it would be designated as a poison and would be illegal. It does not just cause lung cancer but horrible chronic illnesses such as chronic obstructive pulmonary disease, or chronic bronchitis, and emphysema.

As a doctor, I have treated people who spend 15 to 20 years of their lives having to take oxygen, being unable to walk up stairs or having to go into a hospital every time they develop a chest infection. I have seen the consequences of smoking. I am strongly of the view that, whatever about the right of adults to make their own decision, we should do everything to ensure that young people do not take up the smoking habit in any way. That is why this amendment is so important, because there is no point in having any law unless it is enforced. The Department is passing two criminal justice Acts per week at this stage and it is all for nothing if there is no enforcement. The same applies to road safety, alcohol and tobacco and I am aware from a briefing from the Irish Cancer Society that in 2008 there were only 26 convictions for selling tobacco to minors and the average fine was €250. If that is the case, it is no surprise that tobacco is so readily sold to minors. There must be a fear of punishment through real enforcement and where there is enforcement, the punishment must be sufficient to deter people from breaching the law again.

I know of a case involving my local Spar shop which was selling alcohol to minors. It was asked to close for two or three hours on a Saturday. That was the sole punishment which is simply not good enough. It is different in other jurisdictions. Let us consider the United States. Even when I travel to the United States and enter a bar, I am asked for identification. Although I am very fresh faced, no one could possibly believe I am under 21 years of age. However, it is the law for people to be asked for identification and it is enforced. That should be the case for young people and, indeed, everyone who wishes to buy tobacco or alcohol should be obliged to present identification, even if such a person is elderly. The only way to proceed is to make it a requirement that everyone must be asked for identification and this requirement should apply to retailers, publicans and other sellers. All such enterprises should be obliged to ask for identification from everyone buying alcohol and tobacco and in cases where this does not take place, the law should be enforced. The punishment should be sufficient to deter an offender from repeating the crime and for this reason a ban of either seven or 14 days should apply. There must be an economic cost and consequence on those who would disregard public health for economic gain. That is why I strongly support the amendment and I call on the Minister to consider not dividing the House on this matter and to agree to the amendment.

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