Jan O'Sullivan (Limerick East, Labour)

The difficulty is that the Minister of State is saying it is mandatory and yet discretionary. This is leaving it up to the judge to decide on the level of suspension that should be applied, despite the fact that it is mandatory. I agree with the Fine Gael position with regard to minors in particular - this has to be seen as the most important aspect of this Bill. There are a number of offences under the legislation but the issue about selling cigarettes to minors must be taken seriously. I am not hung up on the period of time I have specified in my amendment although I understand it is not being discussed in this grouping as these are the Fine Gael grouped amendments. It is important a suspension be imposed that sends out the message that this is absolutely unacceptable.

I do not know if it is possible for the Minister of State to bring forward a provision acceptable to all of us. The reality of life in this House is that whatever we say on this side of the House it is presumed we will be defeated in a vote. We must ensure that the principle of sending out a message that if a retailer or his or her staff sell cigarettes to minors there will be a period of time when he or she will not be allowed to sell cigarettes; this period of suspension as a result of selling to children should be sufficiently long to make it painful and for retailers to take this legislation seriously so that they will not allow anyone working for them to sell cigarettes to anyone under 18 years. This is what we want to achieve. I presume this Bill will go to the Seanad. This House will be returning early to deal with the NAMA legislation and we could possibly deal with this legislation also in that week. We are willing to be flexible in whatever way possible. We must ensure that those who sell tobacco products realise that the law is serious and that it will hurt them if they sell to children.

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