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Seanad: Order of Business. (9 Mar 2004)

Brian Hayes: It is the trains that we want.

Seanad: Public Health (Tobacco) (Amendment) Bill 2003: Committee Stage. (9 Mar 2004)

Brian Hayes: On the prohibition of sponsorship, I presume that the operation of this section will depend on regulations or guidelines being put in place by the Department. Is the Minister in a position to tell the House if and when he will be making such regulations? I would have thought it normal in respect of any prohibition of sponsorship, on which we all support the Minister's initiative, that...

Seanad: Public Health (Tobacco) (Amendment) Bill 2003: Committee Stage. (9 Mar 2004)

Brian Hayes: Yes.

Seanad: Public Health (Tobacco) (Amendment) Bill 2003: Committee Stage. (9 Mar 2004)

Brian Hayes: I understand the imposition of section 7 is to give legal effect to what the Minister is doing anyway.

Seanad: Public Health (Tobacco) (Amendment) Bill 2003: Committee Stage. (9 Mar 2004)

Brian Hayes: The question of a lead-in period has been raised. The Minister referred to the snooker case, which involved such sponsorship. Is he aware of any other sporting organisations which would be affected by this? In the context of the lead-in time in respect of any additional guidelines he might make, has he any idea as to the timeframe in question?

Seanad: Public Health (Tobacco) (Amendment) Bill 2003: Committee Stage (Resumed) and Remaining Stages. (9 Mar 2004)

Brian Hayes: This section prohibits certain marketing practices in respect of the number of cigarettes that can be sold, namely, not less than 20, as outlined in subsection (1). Will the Minister comment on the section? As he is aware, large numbers of illegal cigarette sales take place in this country on a daily basis. Some of this behaviour is funded directly by paramilitary organisations. Will Members...

Seanad: Public Health (Tobacco) (Amendment) Bill 2003: Committee Stage (Resumed) and Remaining Stages. (9 Mar 2004)

Brian Hayes: Section 12(2) provides that the office must inform, within 21 days, the importer or manufacturers of any tests. Presumably, there is no method of appeal which would allow them to have that struck down by the High Court.

Seanad: Public Health (Tobacco) (Amendment) Bill 2003: Committee Stage (Resumed) and Remaining Stages. (9 Mar 2004)

Brian Hayes: However, they may not be responsible.

Seanad: Public Health (Tobacco) (Amendment) Bill 2003: Committee Stage (Resumed) and Remaining Stages. (9 Mar 2004)

Brian Hayes: The point must be made that not all parties may be culpable. The offence may be committed by a manager and other parties would not be culpable. I fully accept the need to bring enforcement proceedings and to obtain speedy results in these matters. Section 16 provides the Minister with unprecedented powers in respect of all the offences that can be brought at the same time. Senator Feighan's...

Seanad: Public Health (Tobacco) (Amendment) Bill 2003: Committee Stage (Resumed) and Remaining Stages. (9 Mar 2004)

Brian Hayes: That is the standard response from the Attorney General's office.

Seanad: Public Health (Tobacco) (Amendment) Bill 2003: Committee Stage (Resumed) and Remaining Stages. (9 Mar 2004)

Brian Hayes: They are sometimes wrong.

Seanad: Public Health (Tobacco) (Amendment) Bill 2003: Committee Stage (Resumed) and Remaining Stages. (9 Mar 2004)

Brian Hayes: Is the Minister's argument that the amendment is not necessary because what Senator Feighan is seeking is already provided for in the Bill?

Seanad: Public Health (Tobacco) (Amendment) Bill 2003: Committee Stage (Resumed) and Remaining Stages. (9 Mar 2004)

Brian Hayes: In what section is it provided?

Seanad: Public Health (Tobacco) (Amendment) Bill 2003: Committee Stage (Resumed) and Remaining Stages. (9 Mar 2004)

Brian Hayes: We are asking that the provision be included in this particular section.

Seanad: Public Health (Tobacco) (Amendment) Bill 2003: Committee Stage (Resumed) and Remaining Stages. (9 Mar 2004)

Brian Hayes: Yes.

Seanad: Public Health (Tobacco) (Amendment) Bill 2003: Committee Stage (Resumed) and Remaining Stages. (9 Mar 2004)

Brian Hayes: We tabled this amendment to make it abundantly clear that while proprietors in the vast majority of cases will do their best to ensure compliance, there will be cases where that is not possible. We need reasonableness in this area. If the Minister is publicly telling the House he is satisfied that section 47 of the principal Act provides for such reasonableness, we will accept that. I take it...

Seanad: Order of Business. (10 Mar 2004)

Brian Hayes: I wish to move an amendment to the Order of Business, that No. 18, motion No. 23, in the name of my colleagues, be taken in conjunction with No. 3 this afternoon. We need an opportunity to pass judgment on one of the greatest strokes of all time pulled in recent weeks by "the stroke Cullen".

Seanad: Order of Business. (10 Mar 2004)

Brian Hayes: Next Thursday, the day after what is traditionally regarded as the official launch of the tourism season, the SIPTU group of unions will hold a 24 hour stoppage affecting Dublin Bus, Bus Éireann and Iarnród Éireann. Does the Leader agree this is an outrageous position in which to put the travelling public and tourists coming into the country? We all know the Minister has handled the...

Seanad: Order of Business. (10 Mar 2004)

Brian Hayes: On the issue of titles, he is the Minister for Transport.

Seanad: Order of Business. (10 Mar 2004)

Brian Hayes: I said he was a stroke, and he is.

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