Dáil debates

Wednesday, 12 February 2014

Public Health (Sunbeds) Bill 2013: Second Stage

 

11:40 am

Photo of Thomas PringleThomas Pringle (Donegal South West, Independent) | Oireachtas source

I welcome the opportunity to contribute to the debate on the Bill. Like other speakers, I believe this Bill is a very welcome development. Sunbeds have been around for a long time and the damage they have caused has been known for probably just as long. One would wonder why it has taken so long to get to the stage of having a legislative base put forward in regard to controlling the use of sunbeds.

The Minister referred to the significant increases in the number of cases of skin cancer and melanoma since 1994. I wonder how much of this is actually contributed to by the use of sunbeds in the last 20 years; I would think quite a lot of it is. Therefore, while I welcome the Bill and believe we should have a legislative base for controlling the use of sunbeds, I wonder why it has taken so long to introduce legislation. This is something of which we should be aware because another product may come along in the next couple of years that will have a significant impact.

We should as a society be quicker to respond and put regulations in place to control the use these products.

As has been outlined by other speakers, the World Health Organization has classified sunbeds as a class one carcinogen along with things like plutonium and tobacco. One has to wonder about the discussion that took place about whether sunbeds are necessary and whether we should consider a complete ban on them because, obviously, the public health impact of that would be much more significant than trying to control the use of and access to sunbeds by people with vulnerable skin types or those of vulnerable age. Let us face it. The history of regulation and the enforcement of regulation in this country is abysmal. This legislation will only be as strong as the enforcement afterwards. Unfortunately, I do not hold out much hope for effective enforcement of the regulations introduced after this legislation is passed. We have a great habit in this country of passing legislation and putting regulations on the Statute Book. To all intents and purposes, it looks like we have a strong basis for it but when we look at the amount of enforcement that takes place and the difficulties the HSE faces with regard to staffing levels, one wonders whether any enforcement will take place.

The Irish Cancer Society has called for a ban on people with types I and II skin using sunbeds. I can understand why the Minister is refusing to do this because of equality legislation and the difficulty in having a selective ban. The fact that these two skin types are very susceptible to melanoma makes the question of the discussions and arguments about having an outright ban even more interesting. It would be interesting to hear what kind of discussion and debate around the issue of an outright ban took place in the Department when this legislation was devised. In response to a parliamentary question of mine, the Minister said the cohorts of the adult population at risk from ultraviolet radiation could best be dealt with by way of regulation rather than prohibition. I understand and accept that for the reasons I outlined.

Will regulation place an obligation on the operators of sunbeds to warn people in advance about their skin types and the fact that they are at increased risk so that they can make an informed decision when deciding to use a sunbed? The regulations must include that and ensure that people at risk of cancer from the use of sunbeds are identified by operators and that extra warnings are given to them.

The Bill introduces requirements in respect of the hiring of sunbeds and stipulates that they should not be hired out to under 18s. A few years ago, I noticed advertisements in connection with sunbeds being offered for hire. Such sunbeds could be brought to one's home and one could keep them for a week or two. Will regulations address the fact that although the people hiring those sunbeds may be over 18, children may have access to them? If someone over 18 hires a sunbed and allows it to be used by somebody in the prohibited category, will that be an enforceable breach of the law? That is something we need to see.

The main thing we need is a publicity campaign around the use of sunbeds. I know the intention of this legislation is to alter people's behaviour, including those at risk, and that is very welcome. However, the only way to achieve that is to get a wide-ranging publicity campaign going so that people are aware of the dangers, the new legislation and the behaviour that needs to change because, ultimately, that will point to the success or otherwise of this legislation. Hopefully, it will have the effect of reducing the levels of melanoma. I have concerns around the enforcement of the legislation and whether it will ultimately achieve its aims. This legislation is welcome and I wish it a swift passage through the House.

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