Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)

The explanatory memorandum to the Bill states: "The object of the Bill is to further amend the Public Health (Tobacco) Act 2002 and the Public Health (Tobacco) (Amendment) Act 2004." The main provisions of the Bill are summarised as follows:

Sections 3 and 5 — These sections provide for judicial discretion on the period of time a person who is convicted of an offence under the Public Health Tobacco Acts 2002 and 2004, is suspended from the retail register.

The Minister of State has not responded to my earlier request, both in my Second Stage contribution and in my contribution to the debate on these amendments. Will she withdraw sections 3 and 5 of the Bill and allow the mandatory time penalties to stand? These amendments would not be necessary as they are reactive to what the Minister of State is proposing to do. If the situation is maintained, where three months and 12 months apply, we will not have to start worrying about judicial discretion, maxima of three and 12 and minima of seven or 14, depending on the amendments before us. It is very important we accept that this is exactly what we are addressing here. This is a dilution of existing legislation that is very clear, very firm and eminently workable, in my view, where everybody co-operates and pulls together. If it can apply in terms of the smoking ban in the workplace - something many did not believe would work as well as it does - why can we not see the same acceptance and application of the rigours of the legislation now in place, still in place, apply across the retail sector with regard to access to tobacco products? This is the way it should be. It should be allowed to stand and to continue. This would be the appropriate position to take. Oftentimes once a Bill has come to Committee and Remaining Stages, it is often beyond the potential of the presiding Minister to accede to the request of Opposition Deputies but I have seen it happen.

I realise the Minister is in an invidious position, as a Minister of State in the Department, even with responsibility for this particular section. I have seen the senior Minister accede to amendments on the hoof, so to speak, in terms of debates in this Chamber. It is rarely the case that a Minister of State has sufficient confidence in his or her position to make that call and acknowledge the common sense of the arguments being put by Opposition Deputies. I invite the Minister of State to take just such a stand, and I would like clarification as to her intent.

It is clear to me that if the Minister does not accede to Deputy Reilly's amendments Nos. 3 and 5, not that I am in any way impressed by "not less than 14 days", the critical point regarding the sale of tobacco products to minors would merit support.

See this speech in context