James Reilly (Dublin North, Fine Gael) | Oireachtas source

I acknowledge the presence of Senator Crown, one of the three Senators who promoted this Bill in the Seanad. I am pleased as Minister for Children and Youth Affairs to see so many young people in the Gallery because this Bill very much relates to an area that affects them.

This is about smoking in cars where children are present and it has received a lot of attention over the past year. The Bill has contributed to a welcome focus on the area of smoking and the damage tobacco does. If we wish to change our lifestyle behaviours successfully, mobilising public awareness on any issue is an important step. To those who complain that this Bill is about the nanny state, I say let us be clear on one point: this Bill is not about restricting the rights of smokers but about protecting the health of children. Children's exposure to second-hand smoke in cars is involuntary. They have nowhere to go. They may not be aware of the dangers of exposure to this smoke and they are not able to remove themselves from that risk if people smoke around them.

There needs to be a greater awareness among adults of the risks of smoking and exposure to second-hand tobacco smoke. As previous speakers have said, second-hand smoke is every bit as carcinogenic as what the smoker inhales. It contains the same cancer-causing substances and toxic agents that are inhaled by the smoker. There is no safe level of exposure to this smoke. It is obvious that exposure to cigarette smoke is especially dangerous in enclosed spaces, such as cars. Compared with adults, children breathe more rapidly and have a less developed immune system. They are more susceptible to the effects of second-hand smoke.

Parents and others with responsibility for the welfare of children have a particular obligation to ensure such exposure does not take place. While I am in no doubt that all parents, relatives and carers want to protect the health of the children in their care, sometimes the onus is on us, the policy and law-makers, to remind them of their obligations in this regard. We all have a duty to protect children from exposure to smoke. The introduction of this legislation is a way of reminding those who care about the welfare of their children not to light up in a car when children are present. It will also serve as a punitive measure for those who knowingly continue to disregard the welfare of children.

A number of other countries have introduced similar legislation. The countries tackling the problem of second-hand smoke in cars include Australia, Canada, some states in the USA, Cyprus and France. The United Kingdom is in the process of introducing such legislation and no doubt many other countries will follow suit.

While numerous pieces of research have been carried out in other jurisdictions, only one relevant piece of research has been carried out in Ireland. The TobaccoFree Research Institute Ireland has conducted research to estimate the prevalence of second-hand smoke exposure in cars in Ireland. The research, which covered almost 3,000 children aged 13 to 14 years indicated that 14.9% of children were exposed to smoking in cars.

As Minister for Children and Youth Affairs I have a particular interest in the welfare of children and, as such, I am pleased to be in a position to bring the Bill through the legislative process in the Dáil. I again thank Senators Crown, van Turnhout and Daly, and all other parties involved in bringing the Bill to this point, including the Department of Justice and Equality and the Department of Transport, Tourism and Sport. I thank the Garda Síochána in particular for its ready acceptance of its key role in the implementation of the legislation.

I wish to comment on some of the contributions. Deputy Billy Kelleher spoke about the use of youth organisations to spread the message on the legislation and on other issues. When we spoke about the plain packaging Bill last week I mentioned that I had visited youth organisations in Ballinasloe and Loughrea in particular that had won an award for a poster, which conveyed in a much better way than adults could to people their own age the message on the dangers of smoking. We will certainly engage in such an approach.

Deputy Maureen O’Sullivan spoke about the extra work for the Garda. The reality of the legislation is that it will in the main be self-policed. In other words, when people are sitting in traffic and see an adult smoking in a car with a child present they will take action. The opprobrium and peer pressure that will descend on people who will ignore the law will mean there will be very few convictions because people will not break the law. I commend the Garda on its willingness to become involved.

Deputy Maureen O’Sullivan also suggested that the money raised in fines should go to the campaign. However, the Exchequer tends to take all moneys raised from other fines and we then distribute them. I fully acknowledge her point, echoed by other Members, on alcohol and drugs being equally problematic. It was never the case of one or the other. We must tackle all those problems.

Deputy Finian McGrath’s contribution was interesting. On the one hand he supports the Bill and the principle behind it, but on the other hand he attacks us for being a nanny state and he challenges us to leave smokers alone and stop bullying them. He referred to the problems of illegal cigarettes and violent criminal groups. I wish to make it clear, as I have done in every speech I have made on the subject: we are anti-smoking, not anti-smoker. We will do our best to support smokers in every way we can. My colleague, the Minister for Health has done that also and I have no doubt he will continue to do so. The Department is very supportive of smokers and helping them to quit.

The most important point is that one should never start smoking because it is so hard to quit smoking. I have seen patients in chest wards going out to the toilet with the oxygen cylinder on their back to have a cigarette, putting themselves and the whole ward at risk of an explosion. That is how desperately addictive smoking is. My own brother, who was a doctor and public health specialist, an epidemiologist, could not stop smoking and it killed him at the age of 60. The trick is not to start. We must protect children from ever starting and that is what the plain packaging law is about. In this Bill, we are not picking on smokers; we want to support smokers, but we must protect children. It is not a nanny state issue. It is about the right of children to a safe environment. There is no question of bullying the smoker.

The old chestnut of illegal cigarettes is again one of the industry’s ploys. We know that 90% of illegal cigarettes are contraband, that is, they are the cigarettes of the tobacco companies produced elsewhere and smuggled in illegally. Less than 10% of illegal cigarettes are counterfeit cigarettes.

When we are drawing up the regulations we will examine the higher fines to which Deputy Breen referred that are in Australia and other jurisdictions. I too wish to be associated with his comments about the very brave, late Gerry Collins, who made the advertisements, and to commend him and his family for showing such bravery and generosity and no doubt saving many other families from similar hardship in the future. Deputy Harrington spoke about young people in Florida and the truth campaign. We will have a look at that.

The debate on e-cigarettes is for another day because the evidence does not exist in the same way as it does for tobacco. Deputies Catherine Byrne, Mary Mitchell O’Connor and Joe O’Reilly all spoke in support of the Bill. Deputy James Bannon spoke about cigarette smoking around the House. That is a debate for another day as well.

I thank Deputy Peter Fitzpatrick for his support also. I thank all Deputies and parties on this side of the House and in the Opposition for their support on this important legislation. I also thank the Senators for initiating the Bill in the Seanad and for their support on many other initiatives on smoking such as the plain packaging Bill and trying to protect children from starting to smoke. I commend the Bill to the House.

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