Áine Brady (Kildare North, Fianna Fail)

I thank the Deputies for their contributions and I refer to the Fine Gael amendments. If a retailer is convicted of an offence under the Public Health (Tobacco) Acts, he or she is liable to a fine of up to €3,000, a period of imprisonment not exceeding three months, or both, and to a period of suspension from the retail register. The period of suspension is in addition to any fine or term of imprisonment and is mandatory. The only proposed change is that the duration of the period of suspension will now be a matter for judicial discretion. I emphasise that the 90 day period of suspension remains an option.

It should be noted that the penalties referred to only apply in the case of summary proceedings. A retailer convicted on indictment would be subjected to more severe penalties of up to two years imprisonment and a fine of up to €125,000. A mandatory period of suspension from the retail register would also apply. These penalties apply to any offence under the Acts, for example, sales to minors, breach of the advertising ban or smoking in an enclosed workplace. Not amending this period for which a retailer can be removed from the register could have different potential effects. For example, a judge could consider that three months removal from the register is too severe and may not convict the retailer or, alternatively, he or she might strike out the case. It is highly likely there would be a legal challenge on the basis of disproportionate penalties.

The protection of young people is a particular objective of the legislation. However, I emphasise that they are protected by a range of measures, not simply by the prohibition of under age sales. These include, for example, a ban on selling confectionary that resembles tobacco products, the ban on the sale of packs of less than 20 cigarettes and the ban on point of sale advertising. Other measures include advertising generally aimed at the de-normalisation of tobacco products and the protection of young people.

I refer to the Labour Party amendment and the question of whether to introduce a minimum period of suspension from the retail register. This was considered in detail when the legislation was being prepared. A policy decision was taken to leave the issue of the period of suspension entirely to judicial discretion. Accordingly, I regret that I am unable to accept this or the Fine Gael amendment.

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