John Perry (Sligo-North Leitrim, Fine Gael)

I would like to ask the Minister where this proposal is coming from because I am not aware of any lobbyist, RGDATA or any of the retail representative groups making any contact about it. When we consider the level of compliance with the smoking ban in licensed premises, the deterrent was very effective in achieving the objective in that there was total compliance by all restaurant owners, publicans and in the entire licensed trade.

I support Deputy Reilly's amendment. The 90 days proposal represents an immediate loss to retailers and they will instill in their staff the need to demand ID before they make a sale.

On the number of prosecutions to date and the ability of the State to prosecute anybody, with 26 convictions, the element of proof required to get a case through the courts means that many cases have been thrown out. It is difficult to bring a provable case before the courts. Introducing major court restrictions and the imposition of massive fines sounds good in theory but implementing that in terms of bringing cases before the courts is not a reality.

When we are talking about an immediate deterrent, an effective deterrent would be the loss of the licence to sell tobacco products if it was proven that a retailer had been selling cigarettes to those under 18. That would have an immediate effect because the margin of profit in the tobacco business is about 10%, which for many convenience storest is a major contribution to the net margin. In a cash business that deterrent would be far more effective than imposing a huge fine because in reality, when the legal profession gets involved and with the inability of the State to prove a case, the case will never go to the courts. Deputy Reilly's amendment is immediate and effective and will register with all retailers.

For publicans in breach of the smoking ban a €2,000 on-the-spot fine was imposed. That registered with every licensee in the licensed trade because it had an immediate effect in cash terms. Likewise with regard to Deputy Ó Caoláin's proposition, we want to send out a clear message.

When bringing legislation before this House it is not good enough for the Minister charged with responsibility for public health not to follow through with the point of sale material and have it displayed not only on school buses but in all areas where young people congregate indicating the danger to their health. Equally, the Department should send out information to every retailer in the country in the form of a clear sign that they would be required to display in their stores indicating they are obliged by law not to sell any tobacco products to anyone under the age of 18. Signage to that effect should be mandatory because the message must be clear. We all hear about the laws of the State but unfortunately that message does not get across, and we are talking about sending out a clear message to younger people.

In terms of the number of young people attending college and the responsibility of parents, this has been a public relations disaster. We all hear about these recessionary times but a packet of cigarettes is €6 or €7. That is a large amount of money and the Department has failed dismally, on a public health matter, to hammer home this message on local radio, which is never used for public health messages, and on all the popular music stations that are dedicated to younger people. The Department should find some way to allocate funding to highlight the dangers of smoking to younger people on those youth channels, radio stations, local radio and through sporting organisations.

I have seen a great deal of legislation come through this House but is there ever any outturn check done on it? It is like business. We have many items of legislation coming into this House and I would like to see the Department come back here 12 months from now, show due diligence in terms of the laws enacted by the State and outline what has happened with that legislation. Last week, Bill after Bill was guillotined. I often wonder on how many occasions that legislation is used, even the criminal justice legislation. There is a major preoccupation with initiating legislation but very little checking is done to determine how effective it was and whether it has been implemented by the representatives of the State. That does not happen. I would like to think that when Fine Gael is in government it will check the enactment of legislation after 12 months to determine its effectiveness, whether it was implemented by people in authority or ignored.

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