Áine Brady (Kildare North, Fianna Fail)
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I move: "That the Bill be now read a Second Time."

In moving this legislation in the Dáil, I acknowledge the general support accorded to the Bill during its passage through all Stages in the Seanad last week.

In budget 2009, as part of the programme of rationalisation of State agencies, it was proposed that the Food Safety Authority of Ireland, FSAI, the Irish Medicines Board, IMB, and the Office of Tobacco Control, OTC, would be merged to form the public health and medicines safety authority. The case for this merger was based primarily on the broadly similar functional responsibilities of the three bodies in terms of their standards setting and inspectorate functions, their risk assessment, and evaluation roles.

Following the pivotal role played by the FSAI during the 2008 pork-dioxin incident, however, the Oireachtas Joint Committee on Agriculture, Fisheries and Food recommended a reversal of this proposed merger in May 2009. In December 2009, the interagency dioxin review group also recommended the independence of Ireland's food safety infrastructure be maintained. The Government, thereafter, decided in June 2010 to retain the FSAI and the IMB as independent, stand-alone agencies. The Government also decided to revert to its earlier decision to merge the OTC within the Health Service Executive, HSE, as it was considered that there was no case for merging the OTC with either the FSAI or the IMB.

In introducing this Bill, it is appropriate to reflect on the comprehensive range of tobacco control legislation introduced in Ireland since 2002 and the significant contribution made by the OTC in its implementation. I acknowledge the support provided by the office to my Department, particularly in the successful implementation of the smoke-free initiative in 2004, the ban on the sale of packs of cigarettes of less than 20 in 2007, the ban on in-store display and advertising, and the introduction of the retail register in 2009. This comprehensive range of tobacco control legislation places Ireland in the top rank of countries internationally.

Despite the significant tobacco control measures put in place to date and the widespread knowledge of the harm caused by tobacco consumption, smoking prevalence in Ireland remains high. The most recent SLÁN survey estimates 29% of the population smokes. We cannot become complacent and must continue to build on the work that has already been done. I consider it necessary to refocus our efforts to reduce smoking rates generally with a particular emphasis on young people. With the core legislation already in place, we now need to focus to a greater extent on the broader health promotion and smoking cessation measures necessary to reduce smoking prevalence. The proposed integration of the tobacco control functions of the OTC into the HSE will ensure this issue can be dealt with in an integrated manner in future. This will be allied with ongoing enforcement of the legislation, essential to continue to make progress towards a tobacco-free society.

In this regard, the HSE has recently published its tobacco control framework to provide a coherent approach to promote public health by reducing tobacco use in Ireland. This framework recognises the need for effective and evidence-based tobacco control measures including offering help to people who want to quit and warning of the dangers of tobacco. It is timely, therefore, that this Bill provides for the functions and staff of the OTC to transfer into the HSE from 1 January 2011. It will ensure the very positive work undertaken by the OTC to date can be enhanced by health promotion and smoking cessation programmes towards the ultimate objective of a tobacco-free society. That remains my objective and that, I believe, of all Members.

This additional resource and expertise will significantly assist the HSE in achieving its tobacco-related population health objectives in the years ahead, objectives fundamental to a reduction in the health and social burden of tobacco consumption in Ireland.

Section 1 defines certain words and terms used in the Bill. Section 2 dissolves the OTC. Section 3 transfers functions of the office into the HSE.

Section 4 provides for references to the office in any enactment to be construed as references to the HSE and for the completion by the executive of any function commenced by the office prior to dissolution. Sections 5 and 6 transfer land, other property and any money, stocks, shares, securities, rights and liabilities of the office to the HSE. Section 7 provides that every contract or agreement made by the office which is in force immediately before the commencement of the legislation, shall continue in force and have effect as if the HSE were substituted for office. Section 8 substitutes the name of the HSE for the name of the office in any pending legal proceedings to which the office is a party immediately before the commencement of the Act. The proceedings shall not abate by reason of such substitution.

Section 9 provides that every person who is currently a member of staff of the office shall, be transferred to and become an employee of the HSE. It ensures their conditions of service, remuneration and superannuation benefits shall be no less favourable than those applicable immediately before commencement of the Act. The previous service of a person transferred shall be reckonable and they shall be deemed to be employed in accordance with the Health Acts 1947 to 2009.

Section 10 transfers each record held by the office immediately before commencement of the Act to the HSE. Sections 11 and 12 require the HSE to cause final accounts and final report of the office to be prepared and to be laid before each House of the Oireachtas.

Section 13 repeals Part 2 of the Public Health (Tobacco) Act 2002, which established the OTC and sets out the general functions and procedures under which the office operated.

Section 14 provides for the payment of expenses incurred by the Minister in the administration of the Bill out of moneys provided by the Oireachtas.

Section 15 provides for Short Title, commencement and collective citation.

The OTC's chairperson has welcomed the transfer of the office to the HSE. The OTC considers this move will ensure that Ireland's ongoing work to create a tobacco-free society in which it is a world leader will stay at the heart of public health.

I commend this Bill to the House.

James Reilly (Dublin North, Fine Gael)
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Fine Gael is happy to support this legislation as it is in line with our public health policy and our drive to rationalise State agencies and organisations while removing as much administration as possible.

It is important the message goes out that the battle against tobacco addiction is far from over and remains a huge challenge to our health, education and wider social system. The Minister of State referred to the fact that 29% of people smoke, 2% more than before the introduction of the smoking ban. While I welcomed the ban at the time, more needs to be done to combat smoking. The tobacco companies aim their product at young people. They want to reach a state where one pack of 20 cigarettes will hook a young person. They do not mind if that person gives up tobacco in their 30s or 40s because they will have the next generation of young people to target then.

Tobacco is deadly. It causes lung, bowel and oesophagus cancers, cardiovascular diseases, strokes and heart attacks. This is a dreadful product. It has been historically available in our society, yet we know it does untold damage. Smoking causing 6,000 deaths per year as well as costing the health service billions.

The Office of Tobacco Control is hugely important so, in moving it to the HSE's aegis, we must ensure that it does not lose its identity or ethos. There are many excellent people working within that office who are committed to ridding our society of smoking and reducing its harmful effects. The problem is that every single cigarette causes harm. Most people feel dizzy and unwell after smoking their first cigarette, so it is extraordinary that so many take up the habit and then spend so long trying to quit. Members of my own family were smokers who died as a consequence of contracting cancer. It is a very difficult addiction to deal with. The best way of dealing with addiction is not to start.

The prevalence of smoking presents a huge challenge. We need to keep working on finding new ways to handle this problem. The Minister of State is right to say that it is not just a health problem, but also an educational, environmental and legal problem. We know that tobacco companies target young people. If somebody offered me a box with 20 white sticks in it, which I know can cause cancer, heart attacks and stroke, and wanted to charge me €7.50 for the pleasure, I would think it was silly to become engaged in such a transaction, yet people do; such is the subtlety of advertising and peer pressure. We must work harder to devise new methods to combat smoking, including more education and information to advise people, particularly the young, about the dangers involved.

Sometimes we over hype things and, as a consequence, younger people may say: "Ah, they are always telling us that everything we like is bad for us". We need to be clear therefore about those things that are truly damaging. Cigarettes, and tobacco generally, constitute one of those deadly products. If it were to come on the market today there is no question but that it would be banned.

The Irish Cancer Society does wonderful work in helping people to deal with cancer, as well as advising them on the causes of cancer. The society points out that tobacco kills more people in Ireland than road accidents, suicide, drugs, farm accidents and AIDS combined. It causes 30% of all cancers, including 95% of all lung cancers. In addition, smokers are three times more at risk of suffering heart attacks than non-smokers. Despite all our efforts and welcome initiatives, the rate of smoking in Ireland remains high, so we must continue to work hard on reducing tobacco consumption.

Despite the spirit of Yuletide goodwill, I must take the Minister of State to task on one measure in previous legislation. There are many ways of communicating, including the written or spoken word and action, which are all-important parts of the learning process. Legislation has already been passed to print pictorial warnings on cigarette packets in order to help smokers visualise tobacco-related illnesses. This has been proven to be a cost-effective public health measure, which I believe will reduce tobacco use in the long term. There is nothing like being reminded of what is happening to one's heart and lungs every time one reaches for a cigarette packet. Such pictures can remind smokers of the harm they are doing to themselves and others. Such a provision was included in the previous Public Health (Tobacco) (Amendment) Bill which was passed in the summer of 2009, yet here we are at the end of 2010 and it has not yet been introduced. In addition, there is no timeline for introducing it. The Minister of State has the support of the Opposition on this issue, but we cannot tolerate this interminable delay in following up on legislation which has already been passed by the House. The Minister of State should explain the delay. If there are obstacles to introducing such a measure they should be removed along with any red tape.

We should also address the question of quitting therapies. Once one starts smoking it is very hard to stop, yet many quitting products are only available in pharmacies, albeit over the counter. In the UK, smoke-quitting therapies are much more widely available, including in supermarkets. Quitting therapies should be as widely available as cigarettes are. Cigarette vendors should also sell quitting therapies. I hasten to add that therapies on their own will not do the trick because people also need medical help, which has been proven to bring about the best outcome. People might stay on such therapies a lot longer if it were easier and cheaper to purchase them in supermarkets and other retail outlets, than is currently the case. We need to help those who have started smoking to quit the habit. Many people do give up smoking successfully, so others who wish to do so should not give up trying to stop. Sadly, many medical conditions arise from smoking. People suffering from smoke-related illnesses should talk to their pharmacist and general practitioner when taking therapies to help them stop smoking.

The latest data from 2009 shows that 32% of retail outlets are willing to sell cigarettes to minors. Young people can get cigarettes from vending machines in 35% of licensed premises. I know of a rather intrepid five-year-old who used to go down to the shop to buy sweets. When he got the change he would nip into the pub and buy fags from the vending machine, so much greater supervision is required.

Cigarette smuggling is another issue of concern. However, just because we have a problem with smuggling as cigarettes become more expensive, I do not believe that we should not continue to increase the price of this product. We need to spend more money on fighting smuggling, thus ensuring that all cigarettes are sold legally. In addition, retail outlets should be increasingly controlled.

The Bill is welcome but I would add one caveat - we must ensure that the Office of Tobacco Control does not lose its identity or ethos.

Jimmy Deenihan (Kerry North, Fine Gael)
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I thank Deputy Reilly for allowing me to share his time slot, as I wish to comment on this important subject. Now that the OTC's responsibilities are to be transferred to the HSE, the Minister of State may wish to comment on a recent statement by the Irish Cancer Society to the effect that there are no specific targets to reduce smoking prevalence anywhere in any HSE service plan. Neither is there a specific strategy to reduce smoking prevalence. In fact, smoking cessation programmes in the community have been reduced. Calls to the national smokers' quit line have been significantly reduced due to the cut in advertising. Awareness programmes are ineffective because they are not extensive enough. I agree with these sentiments. There is evidence to support them.

There are approximately 1 million smokers in Ireland and 6,000 people die every year from smoking related illnesses. We need to take a more proactive approach and it should start in the schools. When I see pupils coming out of school in the evening, I notice that the first thing many of them do is to light up. I also notice the number of school pupils buying cigarettes in local supermarkets. Most of them are girls, which is alarming. I believe they are not aware of the damage smoking does to their health and the problems they are storing up for the future.

In this movement towards responsibility, I hope the HSE will be far more proactive in the future. The Minister of State, Deputy Áine Brady, has been in her role for a short time and has done much co-ordination work. A more proactive approach must be taken by whoever holds her portfolio in the next Dáil.

Smoking causes 30% of all cancers, including 95% of all lung cancers. Smokers have three times the risk of heart attack as non-smokers. The statistics are clear.

Cigarette smuggling is not being tackled. No one would have objected to an increase in excise duty on cigarettes in the recent budget. If that measure was designed to discourage smuggling, I do not think it will. There are two separate issues. The health issue and the smuggling issue are separate, and the smuggling issue is not being addressed. Cigarettes being smuggled into the country must come through our airports and sea ports. Surely, it should be possible to curb this. Dr. Brian Maurer, chairman of ASH, said recently that tobacco smuggling must be tackled before the market is flooded with cheap cigarettes, with a consequent increase in smoking and tobacco-related illness. The current annual cost to the State of treating tobacco related disease is well over €1 billion. This will increase if prevalence rises. Smuggling means a loss to the Exchequer of approximately €400 million per annum. Unless there is a proactive and aggressive approach in our primary and post-primary schools to point out the physical and mental health effects of smoking we will continue to lose the battle.

It is important to have clear statistics and to make them available. The most recent SLÁN survey showed that 33% of the population smokes. A recent telephone survey showed 26% of the population as smokers. I would say the real figure is closer to 33%. It is important that we have clear statistics and information in order to tackle this problem. The problem starts in primary and post-primary schools. Unless we have a directed policy to address this issue we will continue to have a growing and festering problem of cigarette smoking.

Jan O'Sullivan (Limerick East, Labour)
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I would like to share my time with Deputy Stagg, if he comes into the Chamber before I finish speaking.

The Labour Party supports the Bill. We will facilitate its passage. It is one of a number of measures recommended in the McCarthy report to reduce the number of bodies, boards and organisations of all kinds that may have been considered necessary when they were set up but are much less necessary now, particularly in view of the measures in the recent budget whereby the poorest of the poor had their social welfare incomes cut and the minimum wage was reduced.

I put this legislation in the context of the need for more reduction in such bodies and their incorporation back into their home Departments or, as in this case, the HSE. On the Order of Business this morning, Deputy James Reilly referred to this morning's article in The Irish Times, which indicated that there are 291 places on various boards and bodies to be filled by the end of February and that 96 of them are under the aegis of the Minister for Health and Children. The Labour Party believes there is scope for significant further reduction in the number of these bodies. It would be better to save money by merging them or incorporating them into their Departments than by taking measures that hit people at the bottom of the income scale.

There should have been greater focus on implementing the recommendations of the McCarthy report. That might have saved money for people who are struggling to get by. All of these organisations have boards, big offices, staff, chief executives and all kinds of associated costs. We can no longer afford them. It is a good day's work to abolish this body. We should be abolishing more of them. I look forward to hearing more proposals from Government in this regard. We intend to do this after the election.

I compliment the Office of Tobacco Control on the work it has done. Positive measures have been taken to control the use of tobacco in this country. I have no doubt that work will continue following the passage of this legislation.

We need to focus on a number of areas. There are two categories of smoker. One is the person who already smokes, is beginning to realise that health problems are associated with smoking or that it is costing too much money and decides to quit. The vast majority of people who smoke want to quit. The other is the person who is beginning to smoke. I would like to begin by focusing on that category. I am aware of the large number of young people in the Visitors Gallery. The three previous speakers were also aware of this without referring to it. We should get the views of young people on the most effective measures to stop people taking up smoking in the first place. This has much to do with peer pressure, image, what people think is cool or not cool and how young people behave together. It is vital that we get their views on what would be effective in discouraging them from starting to smoke in the first place. I welcome the Minister of State's assurance that this will be the focus in the future. She specifically referred to an emphasis on young people.

One of the factors that cause people to take up smoking is the measurement of its good and bad effects. When we are young, healthy and fit we are not concerned with cardiovascular or any other type of disease, because we think we will go on for as long as we want. However, we might think about effects such as smelly breath or cost. These issues are more likely to sway young people. The emphasis in advertising should be on these areas. I do not like being around people whose breath smells of cigarette smoke. That kind of message might make young people less likely to smoke, rather than health messages, which are very effective among older age groups.

Cost is also a factor. The Irish Heart Foundation and the Irish Cancer Society came together to make a pre-budget submission, which I support. They wanted to see an increase in the cost of cigarettes in the budget. They made a threefold proposal. One aspect of the proposal was to increase the tax on loose tobacco and on cigarettes by 50 cent per packet. It was stated that this would generate approximately €77.8 million in additional revenue. They also wanted to ring fence €12 million of this amount to fund a major programme of cessation activities. Furthermore, they wanted to invest in a comprehensive package of measures to tackle tobacco smuggling. Combating the latter effectively could lead to a potential saving for the Exchequer of €67 million each year.

If the measures I refer to had been implemented, they would have given rise to a significant increase in income to the Exchequer and also to consequent savings. However, the measures in question were not implemented and I hope the Minister of State, Deputy Áine Brady, will address that matter when she replies to the debate and will indicate why the Government decided to nothing with regard to either the price of cigarettes or the issue of tobacco smuggling. If the measures had been implemented, it would not have been necessary to take the €77.8 million out of the budget and thereby oblige the poor to take a hit. If we had taken action to apprehend the tobacco smugglers, the Exchequer would have obtained additional moneys.

Tobacco smuggling is a significant problem. There are those who offer the argument that if we continue to increase the price of cigarettes, there will be a consequent rise in tobacco smuggling. That argument is ridiculous. It implies that the Government cannot implement the laws relating to smuggling and, as a result, must do without the extra money it could obtain through increasing the tax on tobacco products. An opportunity has been missed. It was extremely disappointing that the measures to which I refer were not introduced in the budget.

All the available evidence indicates that cost is a real factor when it comes to young people deciding whether to take up smoking. It also has an impact in the context of how much these individuals smoke if they do take up the habit. How much young people smoke is as much of an issue as whether they smoke.

The most important aspect on which we must focus is preventing people from taking up the habit in the first instance. Most of the people who smoke want to stop. Most of us who know smokers are aware that they are great at giving up smoking and have done so on many occasions. However, the difficulty they face is not taking the habit up again. What are required are smoking cessation programmes that really work. A recent article in Irish Pharmacy News refers to such programmes. The article is welcome because pharmacists, as well as GPs and other health professionals, are in a position to provide people with assistance. I agree with Deputy Reilly's comments to the effect that anti-smoking products should be more widely available. I am of the view that people should be able to purchase these products wherever cigarettes are available. If it is acceptable and safe to sell cigarettes, then it must be equally acceptable and safe to sell products which assist people to stop smoking.

The statistics provided in the article to which I refer are extremely stark. Some 7,000 people in this country die from smoking-related diseases each year, 90% of lung cancers are caused by smoking, 50% of smokers will die from smoking-related diseases and smokers have an increased risk of contracting cancer, heart disease and many other diseases, suffering strokes and experiencing low birth rates. Smoking is the single most preventable cause of illness and death. It costs €1 billion per year to provide health services for smokers. Passive smoke exposure increases the risk of stroke by 82% and smokers lose an average of ten to 15 years from their life expectancy.

I am not a smoker. I have smoked on occasion but I have never become addicted. However, I am aware that I am wasting my breath reading these statistics into the record because while smokers really want to kick the habit, they find it extremely difficult to do so. We must focus, therefore, on making it easier for people to give up smoking and less attractive for young people to take up the habit. In the context of making it easier to give up smoking, there are many products available and a great store of knowledge has been built up with regard to the psychology of encouraging those who smoke to kick the habit. What people need is ongoing support. There are many who have the best of intentions and on 1 January next I am sure a large number of people will stop smoking. The question arises, however, as to whether they will still be off cigarettes on 1 February.

Supports for people who are seeking to stop smoking are extremely important. If the measures to which I referred earlier had been included in the budget and if the €12 million identified by the Irish Cancer Society and the Irish Heart Foundation had been invested, then the existing supports could have been greatly enhanced. There is no doubt that we need to take action in respect of this matter and I hope the Minister of State will be able to provide specific information with regard to how the Government is going to ensure that measures such as those I have outlined will be put in place.

There must be real determination in respect of dealing with this issue. It is extremely tough to watch people trying to give up smoking and finding it difficult to do so. Many of those who have difficulty in the context of stopping smoking also have problems with regard to their incomes. The statistics show that people who live in relative poverty are often very dependent on cigarettes. These individuals perceive cigarettes as assisting them in retaining their sanity when they are having a difficult day. Such people may live in areas where many problems exist and they may have difficulties relating to their incomes. These people may also have social problems.

There is a need to be more imaginative in the context of how we provide programmes for these people. Such programmes must be delivered locally, through community organisations and structures. It might be possible, for example, to promote these programmes through local women's clubs, senior citizens clubs or men's clubs. If programmes were linked to existing activities and structures, they would be more effective.

I reiterate that the Labour Party supports this measure. However, we are of the view that many more of the so-called quangos should be abolished. I accept that many of these bodies do good work. However, there is not necessarily a need for independent bodies to carry out such work. In that context, we encourage the Government - if it has time to do so before the general election - to amalgamate or abolish as many of these organisations as possible.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I wish to share time with Deputy Maureen O'Sullivan.

Brendan Howlin (Wexford, Labour)
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I presume the Deputies are sharing time on a 50-50 basis.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Yes. Go raibh maith agat.

This Bill is a technical measure which provides for the dissolution of the Office of Tobacco Control and the transfer of its functions to the Health Service Executive. Neither I nor my party colleagues have any objection to what is, essentially, a bureaucratic change which will eliminate waste and duplication and which, it is also hoped, will lead to a more streamlined and efficient operation of the functions that were heretofore entrusted to the Office of Tobacco Control.

Like previous speakers, I welcome the fact that the debate on the Bill provides Members with a brief opportunity to address some of the issues around smoking. Such an opportunity was not offered to use last week when the budget measures were introduced.

There is no doubt that progress has been made in recent years. The most noticeable development has been the smoking ban and great credit is still due to the former Minister for Health and Children, Deputy Micheál Martin, for being successful in steering that particular measure through the Houses with the support of parties on all sides. However, smoking remains all too prevalent. Very sadly, it is apparent that young people continue to take up smoking in great numbers. Older people who have spent a lifetime smoking are experiencing the hugely damaging health consequences relating to a habit that is very difficult to break. The cost of smoking in the context of the health of the population is enormous and the drain it has caused in respect of ever-diminishing resources within the public health service has been substantial.

The campaign to reduce levels of smoking and work towards a smoke-free society is extremely important. This campaign must be maintained and expanded. I sense that there is unanimity across all parties and among the Independents in respect of this matter. Education is hugely important in this regard, particularly in light of the large numbers of young people who are taking up smoking. Legislative and other fiscal measure must be placed under constant review. We must consider the support and assistance these can offer in the context of the overall objective of promoting a significant reduction in the numbers of people who smoke.

Action on Smoking and Health, ASH, Ireland has expressed disappointment that the Minister for Finance did not increase the price of tobacco in the budget last week. It points out that price is recognised by the World Health Organisation and others as the most important and effective way to discourage people from taking up smoking or to encourage them to quit smoking after whatever period of their lives in which they have had this habit. Perhaps most importantly, it discourages young people from experimenting with tobacco and taking up the habit in the first place. The Government response to ASH's criticism is to express the view that such price increases might encourage tobacco smuggling and this matter already has been addressed by previous speakers. I disagree with the Government in respect of that stated view.

Tobacco smuggling certainly is a huge and growing problem and there is a great deal of evidence to demonstrate this. This problem definitely needs to be tackled in its own right. It represents a huge business for criminal empires internationally and domestically and there obviously is a big market for it here in Ireland. A recent RTE documentary highlighted that cigarettes are being illegally imported into this jurisdiction in their billions and very often are of such a quality that they are more toxic and dangerous than those that have been legally imported and sold here legitimately through normal and recognised outlets. This is a deplorable trade and anyone involved at whatever level, whether criminal bosses or people selling cigarettes from their homes to young people, must be condemned. They should be made accountable under the law. Moreover, there can be no exceptions in this regard.

The legal tobacco industry is a very powerful force, as has been shown many times down through the years. It can deploy a great deal of money to lobby against any changes that might eat into its annual turnover and profits. This was evident at the time of the smoking ban, as I am sure each Deputy who was an elected Member of this House at the time will recall. There have been some well-known lobbyists for the tobacco industry in this State, including one who is a leading europhile and who always has figured prominently in favour of every European Union treaty referendum on which I can think back. I was reminded of this by an article that appeared in the Irish Independent last year. It is a pity that some of the political correspondents from that newspaper are not present in the Press Gallery because it is very rare for me not alone to quote from it, but even to acknowledge that I had read the damn thing in the first place. However, I will cite that organ favourably regarding a piece that appeared on 22 October 2009. It recalled that the chairmen of the tobacco companies Carroll's, Gallaher and Player Wills demanded a meeting with the then Taoiseach, Jack Lynch, in 1978 as the then Minister for Health, Charlie Haughey, prepared new laws to stamp out cigarette promotion. I will share this item with the House. The tobacco bosses argued that a ban would cut back on their sales, leaving them with less money to create new employment in other non-tobacco industries and, according to the article that allegedly quotes directly from their lobby, "if employment was not provided for our growing young population, there could be a fusion between Marxism and the IRA". This says a great deal about the mentality of the tobacco bosses and about the type of arguments they have employed when trying to influence decisions here over the years. I ask whether anything has changed. Members must steel themselves to this project and to put them back on their heels at all times.

Maureen O'Sullivan (Dublin Central, Independent)
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I hope this proposal will be progressive and positive. It is strange and ironic to link tobacco and public health in the same sentence, as the harmful effects of tobacco are well known. There is another irony in the sense that the legal tobacco industry brings in very significant revenue to the State and the illicit tobacco trade loses the country equally significant revenue. Another contradiction or paradox lies in the fact that cigarettes are perceived to bring relief for stress and tension, while at the same time they cause other health risks.

As for the illicit tobacco trade, it has been estimated that 27% of all tobacco consumed in Ireland in 2009 was illicit and evaded excise duty. This constituted an increase from an equivalent figure in 2008 of 20%. As a result, the Government lost VAT and excise to the approximate value of €556 million and retailers lost approximately €692 million in sales turnover. The importation, sale and distribution of illegal tobacco products is a major problem for our society and for the Garda Síochána, which makes the point that such criminality also contributes to other criminal activity. In 2009, co-operation between the Garda and the Customs and Excise resulted in the seizure of more than 218 million cigarettes to the value of €92 million. Tobacco smuggling is depriving the State of revenue from the sale of legitimate products and a significant health risk in the illegal trade arises from not knowing the actual tar content of such illegal cigarettes, thus contributing even more health factors. Smuggling also ensures a supply of cheap cigarettes, which pushes people further into their addiction to tobacco.

Any discussion on tobacco must take on the health implications and I trust the HSE will do this. It is known that smoking kills approximately 16 people a day in Ireland and that half of all smokers will die as a result of smoking. Smokers have a 30% higher risk of developing cancer and Irish research shows that 78% of smokers start before the age of 18 and that more than half start by the age of 15. Research indicates that price is the single most important factor discouraging young people from experimenting with tobacco. I note that in Australia, following the imposition of a 25% increase in the price of cigarettes in April 2010, statistics showed that the prevalence of smoking fell considerably. The most frightening finding from the World Health Organisation is that young people and those in lower socio-economic groups are two to three times more likely to try to quit on foot of a price increase. I reiterate that approximately 6,000 people die every year from the effects of smoking. A further point made consistently by the Irish Cancer Society pertains to how tobacco companies link tobacco smuggling and price and use the smuggling issue to convince politicians and high-level officials that the high price of cigarettes is resulting in high levels of smuggling with the consequential freezing of tax on tobacco. The society also states that there is strong evidence to demonstrate that high price is the most effective weapon in reducing smoking and discouraging young people from starting. I will revert to my first point about irony by noting that in 2009 alone, 25% of all excise receipts returned to the Exchequer were generated by tobacco and amounted to the considerable sum of €1.2 billion.

I acknowledge the work of the board to date, while noting that the Bill provides for the Office of Tobacco Control to be dissolved and the functions, staff and so on to be transferred to the HSE. I trust that the HSE will be able to fulfil these roles and responsibilities because in the year and a half in which I have been a Member of this House, it has been involved in many controversies, examples of bad or negligent practice, issues in respect of funding and lack of transparency. I hope it will take on a national anti-smoking strategy. Last year, a second mobile scanner and cutter were procured for the Customs and Excise. The HSE should take on board that 20% of all cigarettes smoked in Ireland are smuggled. Moreover, it should take on the pricing issue and the health implications, with further inputs for those wishing to quit and a particular campaign aimed at girls and young women. I note that Irish people bought into the smoking ban even though it was considered that they would not and it has been highly successful. I acknowledge the legislation that has been enacted previously with regard to age, display and advertising. My final point is that in respect of its financial transactions on this issue, the HSE should demonstrate complete transparency, accountability and value for the funding it receives in this regard.

Áine Brady (Kildare North, Fianna Fail)
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I thank the Deputies for their very positive and supportive contributions. I am glad that many of them acknowledged the support the OTC has given to the Department of Health and Children, the successful implementation of the smoke-free initiative in 2004, the ban on sales of packets which contain fewer than 20 cigarettes and in-store display and advertising and the introduction of the retail register, all of which have proved to be very positive.

The HSE has recently published its tobacco control frame work to provide a coherent approach to promote public health by reducing the use of tobacco in Ireland. The framework also recognises the need for effective and evidence-based tobacco control measures, including offering people who want to quit help and warning of the dangers of tobacco.

With regard to combined text and photo warnings, an issue raised by Deputy Reilly, while the European Commission decision does not make it compulsory across the EU Ireland has decided to introduce them. As he pointed out, the introduction of the combined text and photo health warnings on cigarette packs on sale here is provided for under section 6 of the Public Health (Tobacco) (Amendment) Act 2009.

The Department is working with the Office of the Parliamentary Counsel to finalise the necessary regulations to provide for combined text and photo warnings on tobacco products. I understand and share the frustration of the Deputy but, unfortunately, there are some issues which have not yet been resolved with the Attorney General.

With regard to smoking cessation supports, nicotine replacement therapies are available to medical card holders since April 2001. Evidence shows, as Deputy O'Sullivan said, that lower socio-economic groups have a higher instance of smoking and spend a higher proportion of their disposable income on tobacco. It was considered that this group is in greatest need of assistance in helping them to quit the habit. Accordingly, it was decided as an exceptional measure to make nicotine replacement therapies available on prescription to medical card holders.

Smoking cessation services within the HSE offer a wide range of services in different areas. Specialist smoking cessation counsellors are trained to deliver these services on a full-time, part-time and sessional basis nationally. Health promotion departments within the HSE also offer an extensive programme of training which includes developing skills for health care practitioners to support people who wish to stop smoking.

On the illicit trade in cigarettes, I wish to clarify that it is a matter for the Revenue Commissioners. I am informed by it that it is responsible for the protection of tobacco products, tax and tackling the illicit trade in cigarettes and tobacco products. It is concerned at the level of cigarette smuggling and the illicit trade in Ireland. It has to be acknowledged that tobacco taxes in Ireland are currently the highest in the EU and despite the comparatively small size of the Irish market significant profit can be made by fraudsters who engage in this type of illicit activity.

It is difficult to speculate on the extent of the illicit tobacco problem. However, official figures show that between 2008 and 2009 the quantity of cigarettes on which duty was paid fell by only 6.7%. At the same time due to increased rate increases the total excise duty on tobacco products increased by €45 million. I am aware the Revenue Commissioners enures all aspects of its ability to deal with the threat of the illicit trade in tobacco products are subjected to continuous review.

The Department of Finance, in consultation with the Revenue Commissioners, regularly reviews the legislative programme, and is continuing to implement a wide-ranging programme of measures. These include the continuing seizure of illegal products and the prosecution of offenders; monitoring of Internet sites and instigating test purchase to identify importation routes; monitoring of sales patterns to identify and investigate irregularities and target enforcement activity; contributing to action taken at a new level to improve the controls of excisable products in the community; and monitoring of sea cargo on the basis of risk analysis seizures. There is ongoing international monitoring of international courier and air freight services, including Internet traffic and air passenger arrivals, which has also resulted in significant seizures.

Many Deputies referred to the increase in young people smoking and the need for education, which I support. The OTC report on children, youth and tobacco found that more than three quarters of all smokers in Ireland started smoking before they reach the age of 18 and more than half of all smokers started before they reach the age of 16. The research also found that 16% of young people aged between 12 and 17, or one in six, currently smoke. We know the younger the age a person starts to smoke, the higher his or her nicotine intake is as an adult. The earlier children start to smoke the more likely they are to remain smokers.

I support the call for reaching out to young people. The Deputy also commented on the fact that taking the right approach with young people is very important. I use every opportunity I have to engage with students, especially when we visit them under the Oireachtas outreach programme, to discuss how they think we can best tackle this problem.

The efforts to keep the price high have been successful. Cigarette prices in Ireland are the highest in the world. At €8.55 per pack they are more than €1.30 more expensive than the next most expensive country which is the UK. Our tax take alone is €6.71 per packet which is higher than the retail price of cigarettes in all but one other EU member state. Given the increased amount of smuggled cigarettes now being placed on the Irish market, concerns were voiced by the Government that another significant price increase would lead to an increase in smuggling. Consequently, there was no price increase in the past two budgets.

On targets, the Minister for Health and Children, Deputy Mary Harney, has established a tobacco policy review group under the chairmanship of the chief medical officer to review the implementation of tobacco control and health promotion agenda from 2011 onwards. The group includes representatives from the key stakeholder groups and has consulted widely across the NGO sector with a view to setting out priorities for the future towards the ultimate objective of a tobacco-free society.