James Reilly (Dublin North, Fine Gael)

Amendment No. a1 clearly seeks to put in place a minimum period of 14 days for all offences other than the grievous and serious offence of selling tobacco products to children. In that instance a mandatory three-month suspension will apply.

As Deputy Jan O'Sullivan said, the Minister's view of mandatory could be from half an hour to three days which is laughable. It will be sneered at by those who will transgress. Deputy Perry made the point eloquently that what drove home the smoking ban was the serious consequence of being caught. If the consequence for one's actions is not going to cost one a night's sleep, one will take chances. It was the same with drink-driving for years. Once enforcement started, people realised there was a real chance of getting caught and losing their driving licences. Since then, drink-driving incidents have reduced significantly. Similarly, with this legislation, if it is left to the discretion of the Judiciary, we will have, as Deputy Varadkar said, parts of the country where the offence will be punished with a slap on the wrist, such as a suspension for two hours on a Sunday morning before mass, while in other parts it will taken more seriously with suspensions of two weeks.

A serious disincentive against transgressions of this law needs to be in place because it is a serious matter concerning our children's future. One only gets one childhood. It takes years for someone addicted to tobacco to get off it. I make no apology for saying the cigarette companies' modus operandi is to get young people addicted. Deputy Wallace referred to the point that every smoker who dies must be replaced with a new smoker. Who do the cigarette companies go after? They go after the kids. I believe in freedom of choice. Anyone over 18 years can make their choices and suffer the consequences, but that is not the case for those under age. I do not want children taken advantage of by a vicious industry. All Members believe there is nothing good about cigarette smoking. Why then should we not do everything in our power to protect our children from it?

I have drafted the amendment so that a retailer cannot lose his licence for a breach such as leaving a box of cigarettes in a wrong place or having an incorrect sign. I have no problem with a judge having discretion in such cases. However, my problem is with their discretion on breaches of the law on the sale of tobacco products to minors.

Maybe the Minister of State will change her mind and break the mould by accepting my amendment. Like the then Minister for Health and Children, Deputy Martin, with his smoking ban, maybe she will go down in history for being prepared not to listen to those whose agenda is not the welfare of our children.

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