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Order of Business (10 Jul 2009)

Jan O'Sullivan: I apologise for being too early, but in this House it is better to be too early than too late.

Order of Business (10 Jul 2009)

Jan O'Sullivan: What Deputy Kenny said indicates that we should not take all Stages of this Bill today. I understand there has been consultation with shopkeepers on the legislation, but not with organisations such as the Irish Cancer Society and the Irish Heart Foundation, who are concerned about its public health elements. We need to have time between Second Stage and Remaining Stages to have such...

Order of Business (10 Jul 2009)

Jan O'Sullivan: With regard to adoptions of children from Vietnam, I support the remarks of Deputy Coveney. The relevant legislation in this area is the Adoption Bill, which has passed through the House but which has not yet been considered in the Dáil. Is it intended to put that legislation on hold? Many countries have not signed the Hague convention or do not have bilateral agreements; this is where...

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (10 Jul 2009)

Jan O'Sullivan: That the two Limerick Deputies have not had an opportunity to contribute to amendment No. 6 of 43 amendments to this legislation is an indication of how ridiculous the timescale has been.

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (10 Jul 2009)

Jan O'Sullivan: I want to speak on this amendment.

Public Health (Tobacco)(Amendment) Bill 2009: Second Stage (10 Jul 2009)

Jan O'Sullivan: I wish to share my time with Deputy Caoimhghín Ó Caoláin. I must express my serious concern at the speed with which this legislation is being taken, and particularly that organisations such as the Irish Cancer Society, the Irish Heart Foundation and ASH Ireland did not know this was happening until a few days ago when they sought to make representations to those of us who will be speaking...

Public Health (Tobacco)(Amendment) Bill 2009: Committee and Remaining Stages (10 Jul 2009)

Jan O'Sullivan: Have the amendments been grouped?

Public Health (Tobacco)(Amendment) Bill 2009: Committee and Remaining Stages (10 Jul 2009)

Jan O'Sullivan: On a point of order, I would like a list of the grouping of amendments.

Public Health (Tobacco)(Amendment) Bill 2009: Committee and Remaining Stages (10 Jul 2009)

Jan O'Sullivan: It is because I will not be able to speak to the amendments if I do not know which ones are grouped.

Public Health (Tobacco)(Amendment) Bill 2009: Committee and Remaining Stages (10 Jul 2009)

Jan O'Sullivan: While a maximum period of three months is mentioned for suspension of a licence, it is important that we also state a minimum period. I presume the failure to state a minimum period means that, technically, suspension could be for just half a day or a very short period. Fine Gael has put forward a series of amendments proposing a minimum period. I agree with that. We must send out a...

Public Health (Tobacco)(Amendment) Bill 2009: Committee and Remaining Stages (10 Jul 2009)

Jan O'Sullivan: The difficulty is that the Minister of State is saying it is mandatory and yet discretionary. This is leaving it up to the judge to decide on the level of suspension that should be applied, despite the fact that it is mandatory. I agree with the Fine Gael position with regard to minors in particular - this has to be seen as the most important aspect of this Bill. There are a number of...

Public Health (Tobacco)(Amendment) Bill 2009: Committee and Remaining Stages (10 Jul 2009)

Jan O'Sullivan: Otherwise he might not be back in September.

Public Health (Tobacco)(Amendment) Bill 2009: Committee and Remaining Stages (10 Jul 2009)

Jan O'Sullivan: I move amendment No. 1: In page 3, after line 33, to insert the following: "(2) The period of time for which registration of a person is suspended under this section in respect of any one offence shall not be less than 7 days.". We have spoken about the substance of this amendment, the intent of which is similar to that of those tabled by Deputy Reilly. The intention is to ensure that a...

Public Health (Tobacco)(Amendment) Bill 2009: Committee and Remaining Stages (10 Jul 2009)

Jan O'Sullivan: I am not sure what the exact ruling on this is but my understanding is that there are specified colours and so on for the signs, that they have to have a white background and I think black and red are allowed. We have been told, however, that other signs have gone up. If so they may be in breach of the law and if it is not as tightly controlled as it should be then let us accept Deputy...

Public Health (Tobacco)(Amendment) Bill 2009: Committee and Remaining Stages (10 Jul 2009)

Jan O'Sullivan: Does Deputy Reilly intend this to apply outside the jurisdiction because I have been in a bar in San Sebastian which had some of these signs? There are a lot of Irish pubs around the world that probably have reproduction signs but I presume Deputy Reilly does not envisage this applying to them.

Public Health (Tobacco)(Amendment) Bill 2009: Committee and Remaining Stages (10 Jul 2009)

Jan O'Sullivan: I raised the definition of "specialist shop" in my contribution on Second Stage. I do not have a problem with the first case, which just sells tobacco products, including cigarettes. In the second case, shops can sell tobacco products and other items as well, but be exempt from the closed container requirement. That is according to the information note we received on the Bill. Does that...

Public Health (Tobacco)(Amendment) Bill 2009: Committee and Remaining Stages (10 Jul 2009)

Jan O'Sullivan: This is a loophole and I want more information on it. How hard will it be to get the exemption and what kind of standards would apply? I understand the attempt to protect specialist shops but if this allows many other shops to become specialist shops by virtue of the fact that they do not sell cigarettes but sell other tobacco products and items, there could be a proliferation of specialist...

Public Health (Tobacco)(Amendment) Bill 2009: Committee and Remaining Stages (10 Jul 2009)

Jan O'Sullivan: That is if the shop wants to sell cigarettes. There are many shops that may wish to sell tobacco along with other items. They could see this as an opportunity to sell tobacco without being subject to the normal regulations that will apply to everybody else who sells tobacco. I do not have an amendment on the section but I ask that whoever implements the legislation would be aware that this...

Health (Miscellaneous Provisions) Bill 2009: From the Seanad (9 Jul 2009)

Jan O'Sullivan: I also have serious concerns with regard to this aspect of the Bill and I ventilated them on Report Stage. Like Deputies Ó Caoláin and Reilly, I am disappointed that an additional amendment was not introduced in the Seanad so that provision could be made for the extra safeguards we are seeking. It is fine to state that Nationwide Health Solutions employs trained psychiatric nurses....

Health (Miscellaneous Provisions) Bill 2009: From the Seanad (9 Jul 2009)

Jan O'Sullivan: While the Minister of State's response is reassuring, I wish to tease out matters a little further. The Minister of State mentioned protocols and noted that specific standards are laid down by the HSE regarding vetting, qualifications, hygiene and so on. Are these protocols set in stone for the future and are they written down somewhere? Are they available for inspection in order that one...

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