Dáil debates

Thursday, 13 February 2014

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

 

2:15 pm

Photo of Terence FlanaganTerence Flanagan (Dublin North East, Independent) | Oireachtas source

I welcome the Bill, which introduces measures to restrict access to sunbeds for those aged under 18 years. Sunbeds will also be prohibited in unsupervised premises. I am pleased the Government is acting on the advice of the World Health Organization that no person under the age of 18 years should be allowed to use a sunbed. Legislation prohibiting those aged under 18 years from using sunbeds is already in place in the United Kingdom and a number of other European countries.

It is a matter of concern that the sunbed industry in Ireland has been unregulated until now. This legislation will ensure greater safety for sunbed users and is, therefore, welcome. Important measures included in the Bill will control the sale of sunbeds over the Internet and require all sunbed operators to employ fully trained staff. Fines will be imposed on any premises that are found not to be in compliance with the new rules set out in the legislation. The Bill provides that the Health Service Executive will carry out site inspections. As Deputy O'Donovan stated, while it is fine to introduce regulation, the inspection regime will be crucial. Legislation is pointless unless adequate resources are provided to ensure the law is respected.

Everyone will have a family member or friend who has been affected by cancer. This is a silent killer and one of the leading causes of death. For this reason, any measure that reduces the number of people who die from cancer is welcome. Skin cancer has become the commonest cancer in Ireland and the increased use of sunbeds has without doubt contributed to the increasing number of skin cancer diagnoses. People who use sunbeds for personal and fashion reasons are placing themselves at risk.

One in ten women in Ireland will develop skin cancer and the incidence of the disease has been increasing each year. Ireland has the fourth highest skin cancer rate in Europe, with 148 people dying from the condition in 2012. This figure needs to be reduced in the same way as we reduced fatalities in road traffic accidents. People are unnecessarily putting their lives at risk and regulation is required to address the problem.

The dangers of sunbed use are being increasingly recognised. The World Health Organization reclassified sunbed use in 2009 and upgraded it from a group 2A carcinogen to a group 1 carcinogen. The amount of ultraviolet radiation to which a person is exposed on a sunbed can be up to 15 times higher than the midday sun in Spain. People are doing serious damage to their skin and bodies through exposure to deadly ultraviolet A and ultraviolet B rays on sunbeds. These rays damage skin cells and can eventually lead to skin cancer.

Statistics from the Irish Cancer Society show that people who use a sunbed only once increase their chance of contracting a melanoma by 15%. Melanoma is the most dangerous type of skin cancer and can prove fatal if not detected early. Cases of melanoma increased by 138% in Ireland between 1994 and 2010.

People who use sunbeds before they reach 30 years of age increase their chances of getting melanoma by 75%. Two thirds of sunbed users have reported to the Irish Cancer Society that they first used a sunbed when under the age of 24. Alarmingly, 7% of those interviewed first used a sunbed under the age of 15. Those who use sunbeds on a monthly basis increase their risk of getting skin cancer by more than 50% With these statistics in mind, it is shocking that up until now people under the age of 18 have been allowed to use sunbeds frequently without any element of regulation. This cohort of people are not permitted to drive until they are 17 years of age or to vote until they are 18 years of age yet they are able to use sunbeds regularly, thus greatly increasing their risk of getting skin cancer. Younger sunbed users are not fully aware of the consequences of using a sunbed and of their increased risk of getting skin cancer. It is often too late for them when they become aware of this risk.

The Bill also imposes an obligation on sunbed operators to display warning signs in their premises, and on sunbeds, regarding the risks of sunbed usage. It is important this provision is included in the legislation to ensure users are fully aware of the risks of using sunbeds. While people are more aware these days of the consequences of exposure to ultraviolet rays, there is a need for greater public awareness of the dangers of exposure to the sun and the use of sunbeds, perhaps through schools, universities and national media campaigns. Research commissioned by the Irish Cancer Society in 2010 highlights that approximately 28,000 young people under the age of 25 use sunbeds each year. It is important that this age group is properly targeted with the full facts about the danger of sunbed usage. It is important that this happens at a younger age to prevent young people from using sunbeds in the first instance. The Minister might when responding indicate if he has any plans to launch a public health information campaign in this regard.

It is vitally important that premises that operate sunbeds are regularly checked to ensure that their staff are fully trained. If used incorrectly, sunbeds can cause substantial burns on the body. Last year, the media reported on a case involving a woman in her 30s, a first-time user of sunbeds, who as a result of not being given proper advice by the salon owner in regard to sunbed usage, had used the sunbed at an unsafe power setting for an unsafe length of time and had suffered first degree burns to the majority of her body, leaving her unable to walk or sleep comfortably and having to take time off work. She was awarded damages as a result of the owner's negligence.

I am aware of the concerns of the Irish Cancer Society that people with type 1 or type 2 skin, which are the two fairest skin types, should be banned outright from using sunbeds. I believe the Minister should consider inclusion of such a provision in the Bill. As people with fair skin are more likely to develop skin cancer, this may require further consideration in the future. An estimated 794 deaths each year in the EU are as a result of skin cancer through sunbed use. The European standard in respect of sunbed usage was amended in 2009. Worryingly, a 2013 study by the University of Dundee revealed that nine out of ten sunbeds in the UK do not meet these safety standards. It is important that the tanning equipment being used in Irish tanning salons is monitored to ensure it is of a safe standard.

Another important aspect of this Bill is that it will ban sunbed operators engaging in promotional marketing practices. Sunbeds are often marketed in an appealing way, usually using photographs of male and female models posing on sunny beaches, which is misleading from a consumer perspective in that it suggests that the user will look the same as the model following usage of the sunbed. Sunbed salons often provide buy one get one free offers and other deals to entice customers to sign up for a number of sessions. Prohibition of this type of promotional marketing would help to reduce the number of users, which I would welcome.

I welcome the significant fines that will be imposed on salons found to be in breach of the regulations. I am confident that they will act as a deterrent to sunbed operators allowing under age users to avail of their services. Fines of up to €4,000 or a period of six months imprisonment will be imposed in respect of committal of a first offence. Further offences may be subject to a fine of up to €5,000 or 12 months imprisonment. These penalties, coupled with site visits by the HSE, should help to sufficiently address the issue. If not, tougher action may need to be considered, including a ban on people with fair skin using sunbeds or an outright ban on the use of sunbeds in Ireland.

Enforcement of this legislation is crucial. We all know what happened when we fell down in terms of regulation in other areas, in particular in the banking sector. I ask that the Minister confirm that this issue will be taken seriously and that following enactment of this legislation the necessary inspections will take place.

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