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Seanad: Amendment to Seanad Standing Orders: Motion (23 Oct 2024)

Michael McDowell: I thought there might be more thoughts on the subject from other Members. Senator Fitzpatrick referred to the duplicity of the former Taoiseach in how this House was dealt with. That is a tough term to use, but it is remarkable that he paid for a Bill to be drafted and then said he had no interest whatsoever in the scheme. It is certainly remarkable that he came in here on 1 February 2018,...

Seanad: Finance Bill 2024: Second Stage (6 Nov 2024)

Michael McDowell: We are considering Second Stage of the Finance Bill in this House, which is subordinate to Dáil Éireann. We are progressing it through all Stages today and guillotining it in order to make way for a general election. We are allocating five minutes to Members of this House to speak on a Bill which deals with a variety of different subjects. Rather than attempt to skim over those...

Seanad: Finance Bill 2024: Second Stage (6 Nov 2024)

Michael McDowell: In the context of that party, 50% of its TDs are-----

Seanad: Finance Bill 2024: Committee and Remaining Stages (6 Nov 2024)

Michael McDowell: I accept the removal of USC from the earnings range as mentioned by Senator Gavan in his recommendation would have serious Exchequer consequences, but let us remember that USC was brought in as a temporary measure, as was income tax, by the way, to pay for the Napoleonic wars. I fully take the point that USC is a very wide-ranging levy on incomes and if we go back to the 20% and 40% rates...

Seanad: Finance Bill 2024: Committee and Remaining Stages (6 Nov 2024)

Michael McDowell: Put it on the agenda now.

Seanad: An tOrd Gnó - Order of Business (7 Nov 2024)

Michael McDowell: I echo the sentiments of gratitude to Mr. Martin Groves, his staff, the ushers and all the other people in Leinster House who have looked after us so well over the past four and a bit years. We are truly in their debt. I will be saying other things about the Houses of the Oireachtas Commission later, but I note that, in the explanatory memorandum to the Bill we face today, the commission...

Seanad: Public Health (Tobacco) (Amendment) Bill 2024: Second Stage (7 Nov 2024)

Michael McDowell: I listened carefully to what Senator Boyhan said. In order that the Minister will be ready for the Committee Stage amendments, I draw to his attention the following provision in section 28 of the 2023 Act, as inserted by section 5: "A person shall not sell by retail, or cause to be sold by retail, a nicotine inhaling product to a child." The same provision applies to cigarettes and other...

Seanad: Public Health (Tobacco) (Amendment) Bill 2024: Second Stage (7 Nov 2024)

Michael McDowell: It is nonsense.

Seanad: Public Health (Tobacco) (Amendment) Bill 2024: Second Stage (7 Nov 2024)

Michael McDowell: New Zealand changed course after an election.

Seanad: Public Health (Tobacco) (Amendment) Bill 2024: Second Stage (7 Nov 2024)

Michael McDowell: It is wrong.

Seanad: Public Health (Tobacco) (Amendment) Bill 2024: Second Stage (7 Nov 2024)

Michael McDowell: So what? It is nonsense already.

Seanad: Public Health (Tobacco) (Amendment) Bill 2024: Second Stage (7 Nov 2024)

Michael McDowell: The Minister will be back here before 2028 if he is returned to office and will be saying sorry for getting it wrong.

Seanad: Public Health (Tobacco) (Amendment) Bill 2024: Second Stage (7 Nov 2024)

Michael McDowell: We are guillotining it today, but it is probably rubbish.

Seanad: Public Health (Tobacco) (Amendment) Bill 2024: Committee and Remaining Stages (7 Nov 2024)

Michael McDowell: I ask the House to read carefully what is provided in this section, which states: (1) A person shall not sell by retail, or cause to be sold by retail, a tobacco product to a person under the age of 21 years. (2) A person who contravenes subsection (1) commits an offence. (3) In proceedings against a person for an offence under subsection (2), it shall be a defence for such person to...

Seanad: Public Health (Tobacco) (Amendment) Bill 2024: Committee and Remaining Stages (7 Nov 2024)

Michael McDowell: Somebody will be in here and say that it was nonsense, that Senator McDowell was right, and that we are changing it because it is rubbish. Who knows? They may say-----

Seanad: Public Health (Tobacco) (Amendment) Bill 2024: Committee and Remaining Stages (7 Nov 2024)

Michael McDowell: On any ordinary construction of this new offence which is being created, it is a nonsense to say that it means anything other than if a 19-year-old produces a driving licence showing him or her to be a 19-year-old, he or she can legally purchase tobacco from a tobacco retailer. That is the law.

Seanad: Public Health (Tobacco) (Amendment) Bill 2024: Committee and Remaining Stages (7 Nov 2024)

Michael McDowell: Will the Minister read out the whole of that section?

Seanad: Public Health (Tobacco) (Amendment) Bill 2024: Committee and Remaining Stages (7 Nov 2024)

Michael McDowell: Does it refer to age card which relates to the person?

Seanad: Public Health (Tobacco) (Amendment) Bill 2024: Committee and Remaining Stages (7 Nov 2024)

Michael McDowell: Relating to the what?

Seanad: Public Health (Tobacco) (Amendment) Bill 2024: Committee and Remaining Stages (7 Nov 2024)

Michael McDowell: It does not mean fake driving licences and fake passports. Age cards at the time were introduced for intoxicating liquor to assist people under the age of 21 who wanted to drink to convince bouncers and barmen that it was lawful for them to be served. However, there was no suggestion that this card was a kind of get-out-of-jail-free card in the case of serving alcohol to somebody who could...

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