Leo Varadkar (Dublin West, Fine Gael)

Two questions arise from the Minister's response. She said that a policy decision has been made to leave it to judicial discretion as to whether a person will be banned from selling cigarettes for a period of time. I am always bemused when I hear Ministers say that a policy decision has been made because in this case it begs two questions. First, does the Minister of State have confidence in our Judiciary to be consistent in the application of this law across the State or will we find that judges in some places take one view and judges in other places take another? If that is the case this amendment is necessary for two reasons, both to ensure, to be fair to the retailers, that there is a consistent decision across the country and that the will of this House is reflected, and that we do not give judges too much discretion in this regard. That is why I believe it is important.

On the second and more important question, the Minister says a policy decision has been made but the Minister is the Minister of State with responsibility for public health. When she says "a policy decision has been made" did she make that decision or was it made by the Minister for Health and Children, who is her superior in Cabinet, who may have made that decision over her head? Have these decisions been made by mandarins who are passing the Minister sheets back and forth in the Chamber quicker than washing on laundry day. The Minister might answer those two questions.

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