Jan O'Sullivan (Limerick East, Labour)

I move amendment No. 1:

In page 3, after line 33, to insert the following:

"(2) The period of time for which registration of a person is suspended under this section in respect of any one offence shall not be less than 7 days.".

We have spoken about the substance of this amendment, the intent of which is similar to that of those tabled by Deputy Reilly. The intention is to ensure that a retailer of cigarettes will be taken off the register for a minimum period if he commits an offence and that the discretion of the judge should not be absolute, thus necessitating a minimum period of suspension. I chose an arbitrary period that is possibly appropriate for some offences but which is obviously too short in respect of the offence of selling tobacco to minors. I am not particularly exercised in regard to the period I chose but I wanted to ensure a debate on Committee State on establishing a definite suspension period if one is found guilty of various offences under the legislation.

While we have had this discussion in respect of amendment No. a1, I must reiterate that I feel very strongly, as do other Members, that the offence of selling cigarettes to children must be the most significant. My amendment does not address this directly but I urge the Minister of State to do what she can, whether it be by way of amendment in the Seanad or another mechanism, to ensure there will be a mandatory period of suspension for the offence of selling cigarettes to children, for all the reasons on which we have elaborated during Second Stage and Committee Stage thus far. It should not just be mandatory in name but mandatory in reality.

We know the reality of life in this House and that the Government can win votes here. It lost one in the Seanad yesterday so the Minister of State cannot be quite sure of making amendments in that House. If this Bill is passed without any Opposition amendments being accepted or without a Government amendment being accepted in the Seanad, will the Minister of State at least review the legislation after a relatively short period to determine whether it is being applied consistently throughout the country where there is judicial discretion?

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