Dáil debates

Wednesday, 8 October 2014

Protection of Children's Health (Tobacco Smoke in Mechanically Propelled Vehicles) Bill 2012: Second Stage

 

5:45 pm

Photo of Mary Mitchell O'ConnorMary Mitchell O'Connor (Dún Laoghaire, Fine Gael) | Oireachtas source

I am delighted that another step is being taken towards making Ireland a tobacco-free place. It beggars belief that less than one generation ago many people went around smoking in the workplace, did not wear seatbelts and even drove under the influence of alcohol. Thankfully, all of these practices have been addressed over the years. Today, no one would even dare smoke in the office, not wear a seatbelt or drink and drive unless he or she was stupid. That is because of two developments. It has become morally unacceptable and it is a punishable offence. This Bill will have the same positive lasting impact.

I welcome the strong disincentive to smoke in a car in the presence of children by making it a punishable offence with a fine of up €1,000. Unfortunately, the very fact that exposing children to second-hand tobacco will increase their chances of developing illnesses such as pneumonia, bronchitis, middle ear infections and even cancer is not enough of a reason for some people to stop smoking in a car. The risk of being liable to pay a fine of up to €1,000 will undoubtedly make those people think twice. We have been protecting workers since the introduction of the workplace smoking ban in 2004 but not children, which seems bizarre. I am therefore delighted that this Bill will finally correct that anomaly. It will quickly make the idea of smoking in a car in the presence of a child simply wrong. It will become socially and morally unacceptable. We see it already with the smoking ban. If anyone dared to smoke in an indoor public space, they would be immediately stared at, made feel uncomfortable and most likely asked to stop. This is because it is no longer an accepted society norm. When we go abroad to countries that do not have a smoking ban, the first complaint we have is how unenjoyable our evening was because of the unwelcome suffocating feeling of smoke in the restaurant or bar. Anybody who sees an adult smoking in a car in the presence of a child will take immediate offence and make it very clear to the individuals concerned that a law is being broken and that a child is being harmed. It is very important that this forms part of an overall approach to a tobacco free Ireland.

As Senator van Turnhout stated, we must demoralise smoking. I am confident that in the long term this Bill will be very positive for the country just as the smoking ban was. I am hopeful that prosecutions will eventually not even be necessary. Children and parents will be aware of it and people will understand that this is something they should not do. The society norm will be not to smoke in a car rather than vice versa. Adults will become responsible and recognise that they are putting helpless young lives at risk. Children cannot protect themselves from this risk and, therefore, we, the Government, must do so.

I am not naive enough to believe that this legislation will not encounter stumbling blocks. The tobacco industry has and continues to flex its muscles over the plain packaging Bill, on which I and other health committee members have worked. The plain packaging Bill has faced strong opposition from not only within Ireland, but from the US, the UK and anywhere a tobacco giant industry is based. The tobacco industry has rafts of lawyers poring over everything we do and say, looking to find weakness in law and a rationale for a challenge. Let me say loud and clear to the tobacco industry that this country will not be bullied by it. We, as elected representatives, have a duty of care to the Irish people. We are not for turning on the plain packaging Bill.

This Government will protect the health of the Irish people. We will take on the tobacco industry and fight it in the courts, if necessary. The tobacco industry needs to back off. The simple fact is that tobacco is the only product we know of that, when used as directed by the manufacturer, kills one in two of those who use it regularly.

I fervently hope that this Bill moves through the Dáil and the Seanad quickly and does not encounter delays as a result of the money-hungry, health-ignorant tobacco industry. I commend my colleague, Senator John Crown, an eminent oncologist, who is here listening to the debate. I also know that Senators van Turnhout and Daly and the Minister have put a great deal of work into fighting the tobacco industry and making sure that we protect our children and the Irish people.

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