James Reilly (Dublin North, Fine Gael) | Oireachtas source

I move: "That the Bill be now read a Second Time."

I am pleased to have the opportunity to address the House on Second Stage of the Public Health (Sunbeds) Bill 2013. I see that we are joined in the Gallery by many young people who might be interested in this matter.

Skin cancer is the most common type of cancer in Ireland and is a particular problem for Irish people because of their fair skin. For most, the main source of exposure to ultraviolet radiation is the sun. However, many people are exposed to high doses of ultraviolet radiation through artificial sources. Sunbeds and sunlamps used for tanning purposes are the main source of deliberate exposure to artificial ultraviolet radiation. All forms of such radiation contribute to skin cancer. According to figures produced by the National Cancer Registry, there were over 10,000 cases of skin cancer in 2011. The most recent projections from the National Cancer Registry show that the incidence of cancer in Ireland is expected to double by 2040.

The most rapidly increasing cancers are expected to be those of the skin, both melanoma and non-melanoma, in both sexes. This is a significant threat to the future health and well-being of our people. It is a threat that must be faced now to avoid the harm that sunbed use causes and to reduce future costs to the health system.

There has been a growing body of evidence over recent years that the use of sunbeds, especially by children, should be restricted because of the associated increased risk of skin cancer and other health problems. Other recommendations by experts include ensuring adequate protective eyewear is provided to users, that users are informed of the health risks associated with the use of sunbeds, and that sunbed operators are prohibited from attributing health benefits to sunbed use.

The World Health Organization International Agency for Research on Cancer is a recognised leading expert scientific body charged with providing evidence-based science to underpin global cancer control policies. In 2009, the agency reclassified sunbed use from a group 2A carcinogen - one that is probably carcinogenic to humans - to a group 1 carcinogen - one that is carcinogenic to humans. We must be very clear that ultra violet light is a group 1 carcinogen which is carcinogenic to humans and which will cause cancer.

In 2009, my Department's chief medical officer conducted a review of the international literature on health effects associated with the use of ultra violet emitting tanning devices. He found that the medical evidence justifies a complete prohibition on the use of sunbeds by children up to 18 years of age, based on the significantly increased risks associated with exposure to ultra violet radiation in early years. In relation to specific subgroups of the adult population who are at increased risk and for whom ultra violet radiation constitutes a risk factor for skin cancer, the chief medical officer recommended that this could be dealt by way of regulation.

Healthy Ireland is the Government framework that sets out our vision to improve the health and well-being of the population. To realise this vision, Healthy Ireland will draw on existing policies such as the strategy for cancer control in Ireland, but it will also go further by instituting new arrangements to ensure more effective co-operation to achieve better outcomes for all in reducing the incidence of skin cancers. Achieving the goals set out in Healthy Ireland requirescomposite solutions. The banning of the use of sunbeds for children under 18 years of age and regulating their use for those over 18 is a very valuable initiative. Targeted interventions such as these will, in the long term, reap rewards and foster healthier living. Healthy Ireland will help to raise awareness on issues such as the dangers associated with sunbed use and will help promote healthy lifestyle choices by building on this legislation and by supporting and monitoring collaboration between areas such as primary care, hospitals, cancer screening and clinical programmes. Prevention is always better than cure and a lot less painful.

In drafting this Bill, my officials have consulted the Department of Jobs, Enterprise, and Innovation, which has responsibility for product safety matters relating to sunbeds and other types of tanning equipment. My Department has conducted a public consultation on the matter and has met interested parties, including the Environmental Health Association of Ireland, the HSE, the Irish Cancer Society, the National Standards Authority of Ireland, Quality and Qualifications Ireland, the National Consumer Agency, and the Sunbed Association of Ireland.

As required, my Department notified the draft public health (sunbeds) Bill to the European Commission under the EU transparency directive. During the three month notification period, the Commission had an opportunity to make observations on whether the draft Bill created new barriers to trade. The standstill period ended on 2 December 2013. The Commission did not make any observations which would extend the standstill period or require amendment of the Bill.

The Bill sets out the Government's proposals to protect children under 18 years of age from the risk of skin damage, in view of their increased risk of developing skin cancer; to regulate the use of sunbeds by those over 18 years of age so as to reduce their likelihood of, for example, developing skin cancer, premature ageing and damaging their eyes from exposure to ultra violet radiation; and to promote a greater public awareness about the risks of sunbed use across all age groups, with a long-term goal of reducing the incidence of skin cancers. As the Government's objective in this Bill is to protect young people, the Bill will make it an offence, therefore, to sell or hire a sunbed to a person aged under the age of 18 or to allow them to use a sunbed on a sunbed premises. The Bill prohibits unsupervised use of sunbeds in commercial premises. This will mean a de facto ban on self-service sunbeds, for example, coin-operated sunbeds, except where sunbed use is supervised.

The Bill provides for an exemption to allow the use of certain sources of artificial ultra violet radiation for medical treatment for specific skin conditions such as dermatitis and psoriasis in both children and adults. The exemption is limited to treatment involving phototherapy provided under the supervision or direction of a relevant registered medical practitioner such as a dermatologist. The treatment must be provided by a health care establishment. In line with the World Health Organization's recommendation that "protective eyewear must be worn during tanning exposures",this Bill sets out mandatory requirements in relation to protective eyewear. This is an important provision as the eyes are particularly vulnerable to damage from ultra violet radiation exposure. The Bill requires that protective eyewear comply with the relevant European harmonised standards and that it be sanitised after each use or disposed of in the case of single use eyewear. The Bill also sets out certain hygiene requirements, for example, that both sunbeds and premises are kept in a clean and hygienic condition.

Promotional practices, such as every tenth session free, rent a bed for four weeks and get one week free, or early bird offers, are commonplace which incentivise clients to use a higher number of sessions than they may have originally intended. The Bill prohibits such marketing practices in order to protect public health. It has been common for sunbed operators to claim certain health benefits for sunbed use, such as claims that indoor tanning is safer than outdoor tanning because it is controlled, when there is no evidence to support this claim, or that a tan acquired using a sunbed will offer good skin protection against sunburn prior to a sun holiday. In that case all one is doing is doubling one's exposure to ultra violet light, thereby doubling one's risk of skin cancer. Some operators claim an increase in the production of vitamin D resulting from sunbed use. However, the World Health Organization states that "incidental exposure to the sun, combined with normal dietary intake of vitamin D, provides adequate vitamin D for a healthy body throughout the year". Overall, the serious health risks associated with sunbed use significantly outweigh any claimed benefits. Therefore, the Bill prohibits the use of health claims other than those that may be prescribed by way of regulations.

This Bill is also aimed at raising awareness and helping sunbed users to make more informed choices. The key is to ensure anyone who decides to use a sunbed does so with full information about the associated risks. This is not a nanny State and we will not forbid or ban adults from using these devices but we want to ensure they are fully informed about the risks to which they are subjecting their health and their skin when making that choice. To this end, the Bill requires sunbed operators to display warning signs on sunbed premises and social media sites. The mandatory warning signs will inform the public of the health risks associated with sunbed use. In addition, to create an awareness of the dangers of sunbed use. including the risk of skin and eye cancer, people planning to use sunbeds should be provided with information on such risks. The operator of a sunbed business will be required to provide this information to a sunbed user in a specified form. The operator must also ensure the client has the opportunity to read and consider the information and has signed the form confirming that he or she has done so.

The Bill requires that those supervising the operation, sale or hire of sunbeds should be trained. Training will cover issues such as the risks of sunbed use, determination of skin types and exposure times, proper screening for potentially exposure limiting conditions, emergency procedures in case of overexposure to ultra violet radiation, and proper procedures.

In order to ensure the Bill affords the protection we intend, we must provide for an effective enforcement regime. To this end, and in order to be able to identify sunbed operators, the HSE will establish a list of sunbed businesses. The Bill will introduce a notification system whereby all sunbed operators, sellers and hirers will be required to notify the Health Service Executive or its successor. A notification fee will also be provided for.

To underpin the effective enforcement of this important public health legislation comprehensive powers are set out in the Bill. Authorised officers appointed by the HSE will have appropriate enforcement powers in order to carry out inspections and investigations to verify compliance with this legislation. A regime for fixed payment notices for specific offences, such as failure to display warning signs, will also be introduced. This sanction will provide environmental health officers with an additional tool to deal quickly and effectively with non-compliance with the legislation. It is important that the penalties for failure to comply with the legislation are both proportionate and sufficient to encourage compliance and in that regard, the Bill provides that on summary conviction, in the case of a first offence, the fine will be up to €4,000 - a class B fine - or imprisonment for up to six months, or both, and for second or subsequent offences, a fine of up to €5,000 - a class A fine - or imprisonment for up to 12 months, or both. The HSE may also publish a sunbed non-compliance list which will, in effect, name and shame offenders who make a payment to the HSE for a fixed payment notice, or have a fine or penalty imposed by the court.

This Government is committed to reforming the health service to provide a more proactive focus on promoting health and well-being and not only treating those who are unwell. This Bill represents an important step in that direction by ensuring that our children are protected from the harmful effects of sunbeds and by supporting adults to make better informed decisions about sunbeds. I reiterate that prevention is better than cure. Some 156 people pass away each year in this country from melanoma alone, 7,000 people are living with melanoma and there are many thousands who have other forms of skin cancer which require treatment which is sometimes quite painful and is a great expense on the State. I commend this Bill to the House as a real sign of our commitment collectively to prevention rather than paying lip-service to it.

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