Results 50,881-50,900 of 51,089 for speaker:Micheál Martin
- Seanad: Public Health (Tobacco) (Amendment) Bill 2003: Committee Stage. (9 Mar 2004)
Micheál Martin: Yes.
- Seanad: Public Health (Tobacco) (Amendment) Bill 2003: Committee Stage. (9 Mar 2004)
Micheál Martin: I do not believe I will need any lead-in time. This will be law once it is passed through the Houses of the Oireachtas.
- Seanad: Public Health (Tobacco) (Amendment) Bill 2003: Committee Stage. (9 Mar 2004)
Micheál Martin: To be fair to all concerned, there may not be an easy alternative mode. There has been a major push in recent years since we increased the age limit to 18. We wanted to bring across a strong culture of compliance in order to try to stop minors from smoking or to reduce what are termed "initiation rates". The most recent national lifestyles survey shows that we had arrested the rate at which...
- Seanad: Public Health (Tobacco) (Amendment) Bill 2003: Committee Stage (Resumed) and Remaining Stages. (9 Mar 2004)
Micheál Martin: I do not interfere with those who have to enforce the law. However, I will explore the issues the Senator has raised. I will convey his views to the health boards and discuss them with the group concerned in order to ascertain the general pattern of enforcement behaviour throughout the country. The situation to which the Senator referred may be particular to his health board as opposed to others.
- Seanad: Public Health (Tobacco) (Amendment) Bill 2003: Committee Stage (Resumed) and Remaining Stages. (9 Mar 2004)
Micheál Martin: Smuggling is a heinous crime in itself and runs counter to what we are trying to do to achieve a smoke-free society. I have had consultations with the Minister for Justice, Equality and Law Reform, and the Minister and the Garda have had some significant successes, especially in recent times with major hauls of smuggled tobacco used for illegal trading. The stronger we can clamp down on this,...
- Seanad: Public Health (Tobacco) (Amendment) Bill 2003: Committee Stage (Resumed) and Remaining Stages. (9 Mar 2004)
Micheál Martin: That is correct.
- Seanad: Public Health (Tobacco) (Amendment) Bill 2003: Committee Stage (Resumed) and Remaining Stages. (9 Mar 2004)
Micheál Martin: I do not propose to accept these amendments. Amended section 47(3) creates an offence for the occupier, manager and other person in charge of a specified place where there is a contravention of a provision of this section in that specified place. This is a standard legal provision in terms of public health legislation; a similar provision applies in the case of food safety legislation. The...
- Seanad: Public Health (Tobacco) (Amendment) Bill 2003: Committee Stage (Resumed) and Remaining Stages. (9 Mar 2004)
Micheál Martin: Someone must accept responsibility for policy enforcement.
- Seanad: Public Health (Tobacco) (Amendment) Bill 2003: Committee Stage (Resumed) and Remaining Stages. (9 Mar 2004)
Micheál Martin: We are taking a reasonable position on this bearing in mind that the section also provides for a reasonable defence clause. It is a matter of building compliance with owners and employers throughout the country so that they ensure authorised officers work with them in terms of the no smoking agenda, as they already do in the area of food safety. It will not be a case of trying to nab people...
- Seanad: Public Health (Tobacco) (Amendment) Bill 2003: Committee Stage (Resumed) and Remaining Stages. (9 Mar 2004)
Micheál Martin: My understanding is that this is a standard legal provision.
- Seanad: Public Health (Tobacco) (Amendment) Bill 2003: Committee Stage (Resumed) and Remaining Stages. (9 Mar 2004)
Micheál Martin: No, one cannot simply say such things.
- Seanad: Public Health (Tobacco) (Amendment) Bill 2003: Committee Stage (Resumed) and Remaining Stages. (9 Mar 2004)
Micheál Martin: Staff in the Attorney General's office are precise and careful about the advice they give. Many of the enforcement prosecutions will depend on the circumstances of each case. A clause of reasonable defence has been inserted into the Bill. Clearly, the authorised officer taking a case could only do so based on evidence and would be required to take into consideration the type of issues raised...
- Seanad: Public Health (Tobacco) (Amendment) Bill 2003: Committee Stage (Resumed) and Remaining Stages. (9 Mar 2004)
Micheál Martin: The proposed amendment concerns the reasonable efforts of an occupier, manager, etc. to ensure compliance in a smoke-free premises. Amended section 47(4) provides a defence for a person against whom proceedings for an offence under this section are brought. This is a standard legal provision relating to a defence in proceedings for an offence. This defence relates to all reasonable steps...
- Seanad: Public Health (Tobacco) (Amendment) Bill 2003: Committee Stage (Resumed) and Remaining Stages. (9 Mar 2004)
Micheál Martin: Yes.
- Seanad: Public Health (Tobacco) (Amendment) Bill 2003: Committee Stage (Resumed) and Remaining Stages. (9 Mar 2004)
Micheál Martin: It is provided for in amended section 47(4) of the principal Act or section 16 of this Bill.
- Seanad: Public Health (Tobacco) (Amendment) Bill 2003: Committee Stage (Resumed) and Remaining Stages. (9 Mar 2004)
Micheál Martin: Section 16 amends section 47 of the principal Act.
- Seanad: Public Health (Tobacco) (Amendment) Bill 2003: Committee Stage (Resumed) and Remaining Stages. (9 Mar 2004)
Micheál Martin: The principal Act contains a section dealing with this issue.
- Seanad: Public Health (Tobacco) (Amendment) Bill 2003: Committee Stage (Resumed) and Remaining Stages. (9 Mar 2004)
Micheál Martin: Yes.
- Seanad: Public Health (Tobacco) (Amendment) Bill 2003: Committee Stage (Resumed) and Remaining Stages. (9 Mar 2004)
Micheál Martin: I thank the Senators for their comments. The background to this section is that the common denominator in these exemptions is that they apply to a dwelling place. We indicated in November that we would notify regulations to Brussels in the context of providing for such exemptions. When we had a three hour discussion on the then published regulations in the other House, many Deputies on all...
- Seanad: Public Health (Tobacco) (Amendment) Bill 2003: Committee Stage (Resumed) and Remaining Stages. (9 Mar 2004)
Micheál Martin: I am getting nervous with the encouragement I am getting.