Dáil debates

Thursday, 13 February 2014

Public Health (Sunbeds) Bill 2013: Second Stage (Resumed)

 

12:55 pm

Photo of John BrowneJohn Browne (Wexford, Fianna Fail) | Oireachtas source

I welcome the Public Health (Sunbeds) Bill 2013, which probably should have been implemented many moons ago. I certainly hope the Minister accepts amendments on Committee Stage to strengthen the Bill and takes on board some proposals from the Irish Cancer Society and other people who deal with cancer on a daily basis.

This Bill stems from the growing evidence that the use of sunbeds, especially by children, should be restricted because of the associated increased risk of skin cancer and other health problems. As has been outlined, the Bill will prohibit operators of sunbed premises from allowing anyone under 18 years of age to use sunbeds. It provides for controls on the remote sale or hire of sunbeds by way of Internet transactions and it imposes a requirement that sunbed operators provide training for staff which is very important because in my county - I am sure it is the same in other counties - there are coin-operated and unmanned sunbeds and the need for staff who are trained to advise people on the use of sunbeds is irrelevant. This aspect must be included in the Bill.

The Bill proposes an enforcement regime to enable inspections to be carried out by the HSE and to impose penalties for non-compliance, including fixed payment notice. Perhaps the Minister might explain how the HSE will carry out these inspections. Would it not have been better to have had HIQA carry out the inspections rather than the HSE which does not seem to have the manpower or ability to do so?

All sunbed operators will be obliged to provide protective eye wear and ensure sunbeds are maintained in a clean and hygienic condition. Many operators run their premises to a high standard but there are people involved in this business who leave a lot to be desired. There will be a requirement for warning signs to be displayed in all sunbed premises, which is very important in terms of advising and warning people on the implications of using sunbeds.

The Irish Cancer Society sent us a briefing document which spells out starkly the implications for people who have been diagnosed with cancer. It is also traumatic for the families, where an individual is suffering from cancer. The society points out that skin cancer is the most common cancer in Ireland. In 2010, some 9,500 people were diagnosed with skin cancer and almost 10% were diagnosed with melanoma, the most serious form of skin cancer.

There were 158 deaths from skin cancer in 2011. The incidence of melanoma in Ireland is increasing dramatically. For example, it increased by 137% between 1994 and 2010. Up to nine out of ten cases of skin cancer are caused by ultraviolet rays from the sun or from sunbeds and can therefore be prevented. If one reduces one's exposure to ultraviolet rays, one significantly reduces one's risk of developing skin cancer.

There is clear evidence of a link between sunbeds and skin cancer. In July 2009, the International Agency for Research on Cancer placed sunbeds in the highest cancer risk category and rated sunbeds to be equivalent to tobacco and plutonium in terms of causing cancer. Sunbeds have been linked to a variety of adverse health conditions and problems, including eye damage, premature skin ageing and skin cancer. The incidence of skin cancer is increasing worldwide. As I have said, the number of melanoma cases in Ireland has increased alarmingly over the past ten years.

Research commissioned by the Irish Cancer Society and published in June 2010 shows that 140,000 people in Ireland use sunbeds. That number has probably increased substantially since 2010. Some 88% of those who use sunbeds are women and 20% of them are between the ages of 15 and 24. We are all concerned about this age group. The legislation introduced by the Minister deals specifically with this cohort.

The problem, as I see it, is that any individual can set up a tanning salon. There are no regulatory restrictions on the type of equipment that can be purchased. There has certainly been a dramatic increase in the variety of types of equipment. This has been accompanied by the dramatic increase in adverse effects of sunbed use to which I have alluded. People are advertising that one can get a suntan on a sunbed in ten or 15 minutes, or even less. Regulations are needed to deal with such practices. The Minister needs to provide in legislation for a strict regulatory regime.

Young people are particularly at risk when they use sunbeds. People who start using sunbeds before the age of 30 have a 75% increased risk of malignant melanoma, which is the most serious form of skin cancer. The Irish Cancer Society and the World Health Organization have advised that people under the age of 18 should not use sunbeds because of the increased risk of developing skin cancer. I do not think that message has been understood, however, as the facts and statistics demonstrate that a huge number of young people use sunbeds. The Irish Cancer Society suggested in 2010 that 28,000 people under the age of 25 were using sunbeds. That number is likely to have increased dramatically in more recent years.

As previous speakers have said, when the Irish Cancer Society carried out a secret shopper survey, it found that seven out of ten tanning shops would allow a fair-skinned child to use a sunbed without any warning or advice. The society is very concerned about the lack of regulation in this area. It is asking for regulations comparable to those in Australia, where fair-skinned people are prohibited from using sunbeds, to be implemented here. I think the Minister should give serious consideration to that proposal on Committee Stage.

In parts of Australia, tanning shops must carry out a skin type assessment before allowing a person to use a sunbed. As we all know, the Fitzpatrick scale outlines clearly the implications, in terms of skin cancer, of sunbed use for people with various skin types. It would be easy for all shops to use the scale, which is a universal assessment with six points. The legislation should deal with this issue. Perhaps that can be facilitated on Committee Stage.

The Bill before the House is certainly welcome. The authorities across the water in England and Wales have introduced similar regulations and legislation. I understand it started off as a Private Members' Bill before ending up in legislation. The main purpose of the UK Act is to prevent the use of sunbeds on commercial business premises by children and young people under the age of 18. Our legislation is somewhat similar. The UK legislation also prohibits the use of coin-operated sunbeds and unmanned sunbeds. I ask the Minister to examine this particular area.

This legislation includes provisions restricting the use, sale or hire of sunbeds, requiring information to be provided to sunbed users and requiring protective eyewear to be supplied. When the Minister has brought this legislation through, will he have the power to introduce further regulations at a later stage if he feels they are required? Bills are often introduced in this House that allow the relevant Minister to introduce further regulations over a period if he feels additional penalties are needed. This happens in the case of road traffic regulations, for example. I do not always agree with Ministers giving themselves too many powers, but in this case I think the Minister should be allowed to attach additional regulations to the legislation we are discussing if he feels they are necessary.

It is important to ensure young people get the message that sunbeds are not the be-all and end-all. They need to appreciate that sunbeds can be dangerous, particularly for fair-skinned people. While I welcome the Minister's decision to ban the use of sunbeds by people under the age of 18, I think he could tighten the legislation further. My party's health spokesperson, Deputy Kelleher, will table amendments on Committee Stage to strengthen the Bill and help the Minister to introduce further controls. Perhaps the Minister will consider what has been done in Australia with regard to people with fairer or lighter skin who seem to be more likely to contract skin cancer.

Overall, I welcome that the Bill is before the House. It has been a long time coming, but it is here now and it is welcome. In addition to banning the use of sunbeds by young people, it is important we ensure sunbed salons and health salons that operate sunbeds have to adhere to a strict regulatory framework. People should not be allowed to open sunbed salons without having to meet the proper regulations and criteria the Minister plans to introduce.

I am not sure the HSE will have the manpower to investigate this activity by carrying out sporadic visits to ensure sunbed salons are operating properly. Perhaps it would be more appropriate to give this responsibility to HIQA, which seems to be able to bring people to heel. It is able to change the views of those who are operating outside the legislation and bring them on board. I suggest that HIQA be asked to carry out these investigations.

I welcome this Bill. I hope it will pass all Stages as soon as possible because the summer period is approaching and, as we all know, people like to prepare for that by visiting sunbed salons I have never had the pleasure of lying on a sunbed, but many of my friends and constituents use them frequently. Some of these establishments are very well run and some of them not so. We are taking a step in the right direction by ensuring people under the age of 18 are not allowed to use sunbeds, just as we have banned young people from buying cigarettes and other tobacco products.

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