Brian Walsh (Galway West, Independent) | Oireachtas source

I am pleased to have an opportunity to speak on the Bill. This is the second time in two weeks I have been here to support the Minister, Deputy Reilly's legislation on discouraging people from smoking. Last week, we discussed his legislation on plain packaging. This Bill represents another milestone in the Government's tobacco control campaign, much of which has been led and inspired by the Minister. His public health endeavours will form a formidable and lasting legacy. As I said here last week, many in this House were economical in their praise of the Minister in his previous portfolio. However, even his most ardent detractors must applaud the determined efforts that have brought us to this stage in the fight against tobacco. Other protagonists also warrant praise for their contribution to progress in this area. Senators Crown, van Turnhout and Daly are to be commended on initiating this legislation. Senator Crown in particular has been iconic in his efforts to highlight and combat the dangers of smoking. His advocacy, action and expertise in this area have been very important in stimulating and informing debate on the subject within and outside the Oireachtas.

Tobacco control legislation that comes before the Houses is often met with dissent from a tiny minority of Members who view such provisions as an attack on smokers' rights, and we saw an example of this earlier in this evening's debate. Deputy Finian McGrath is usually left fuming in such scenarios and decries the persecution of smokers as if it were the prevailing civil rights issue of our generation. However, I hope Deputy Finian McGrath will see through the smoke on this Bill because it seeks to protect children from health risks arising not from choices they make, but from choices others make.

As many have already said this evening, second-hand smoke is toxic and carcinogenic and, in children, is recognised as a risk factor in a host of illnesses, predominantly respiratory illnesses such as asthma, bronchitis and pneumonia. In the confines of a car, second-hand smoke is concentrated and inescapable. It is right that people should be protected from having to spend time in such an environment and it defies reason that children should have to be ferried around in mobile smoke chambers. The Bill is most welcome and is a natural continuation of the Government's efforts to denormalise smoking and protect people from the ill effects.

I have no serious concerns regarding the legislation, only one observation. Over the past year in particular there have been moves to impose a smoke free campus policy on many of our public hospitals. While it is difficult to argue with such a decision in principle, there is a problem in that it is not being enforced. I visited a hospital in Galway on several occasions during recent months and hospital doorways are still populated by patients who have nipped out for a quick cigarette. The smoking ban on hospital grounds is not being enforced, and it is easy to see why. For example, in the case of psychiatric patients, whose mental health must take priority over their physical condition, a sudden smoking ban could do more harm than good. In the case of terminally ill or immobile patients, it seems punitive to send them on a pilgrimage to the front gate of a hospital to smoke. Perhaps the allocation of outdoor smoking areas on the grounds of hospitals was an adequate provision.

It is a complex issue and I do not pretend to have all the answers. Although it was a good idea by the hospitals and the HSE, we should not make rules which we do not intend to enforce. To do so to do so could undermine rules we introduce in other areas. A lax approach to tobacco control in this instance could have implications for compliance with tobacco controls in other areas. I do not envisage such problems in the case of this Bill. I am pleased and reassured that the Garda Síochána will be tasked with enforcing the provisions of this law and that under the legislation they will be in a position to issue fixed-charge notices.

7 o’clock

The Bill is a welcome step towards a smoke-free future. I congratulate the Minister, and the Senators I mentioned, in promoting this legislation.

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