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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.

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

Micheál Martin: I have sympathy with the Senators but to be fair, from day one we were clear that we did not envisage outdoor areas being covered by the smoking ban. With respect to the debate that has taken place over the past 12 months on an enclosed smoking ban and the virtues or otherwise of ventilation, it would have been difficult to put forward the argument that in the open air smoke is as bad for one...

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

Micheál Martin: I thank all Senators on all sides of the House for their great support throughout this journey and for assisting me in facilitating passage of the Bill. As I said earlier, the cross-party support from the beginning was a powerful bulwark to me as Minister in meeting the various challenges that came my way. The cross-party support and that of Independents generally in both Houses was extremely...

Requests to move Adjournment of Dáil under Standing Order 31. (30 Mar 2004)

Micheál Martin: I am touched by their concern.

Written Answers — Pharmacy Regulations: Pharmacy Regulations (30 Mar 2004)

Micheál Martin: Council Directive 85/433/EEC provides for the free movement of pharmacists within the European Economic Area, EEA. Under EU Directives 85/432/EEC and 85/433/EEC, any EU/EEA national holding a recognised pharmacy qualification from such a state is entitled to register as a pharmacist in Ireland in accordance with free movement provisions. Article 2.2 of 85/433/EEC gives member states the...

Written Answers — Patient Statistics: Patient Statistics (30 Mar 2004)

Micheál Martin: I propose to take Questions Nos. 341 to 343, inclusive, and 345 together. The information requested by the Deputy is provided in the following tables. The figures are derived from the hospital in-patient inquiry, HIPE, system which records information on hospitalisations in all publicly funded acute hospitals in the State. This system records hospital episodes and is not a patient-based...

Written Answers — Medicinal Products: Medicinal Products (30 Mar 2004)

Micheál Martin: I have been informed by the Irish Medicines Board, which is the competent national authority for the regulation of medicinal products, that 120 medicinal products containing paracetamol as an active substance are currently authorised for placing on the market in Ireland, although not all are necessarily on the market at any one time.

Written Answers — Medicinal Products: Medicinal Products (30 Mar 2004)

Micheál Martin: The sale of products containing paracetamol as an active substance is controlled by the Medicinal Products (Prescription and Control of Supply) Regulations 2003, SI 540 of 2003. I have arranged to have a copy of these regulations forwarded to the Deputy.

Written Answers — Smoking Ban: Smoking Ban (30 Mar 2004)

Micheál Martin: Monitoring compliance with the workplace smoke-free requirements is being carried out by officers from health boards, the Office of Tobacco Control and the Health and Safety Authority. Health boards with vacancies in their established environmental health officer complements in the tobacco control area are in the process of filling these posts. My Department has no plans to recruit additional...

Written Answers — Hospital Staff: Hospital Staff (30 Mar 2004)

Micheál Martin: The provision of hospital services, including the appointment of staff, at Cork University Hospital is a matter for the Southern Health Board. My Department has, therefore, asked the chief executive officer of the board to reply to the Deputy directly about the issue raised.

Written Answers — Smoking Ban: Smoking Ban (30 Mar 2004)

Micheál Martin: There are reports in the media concerning the smoking of herbal cigarettes in the context of the smoke-free workplaces measures. Herbal cigarettes are not classified as tobacco products and, as such, the smoking of these products is not prohibited under the smoke-free workplaces measures. A decision to allow the consumption of these products in premises where the smoking of tobacco products...

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