Seanad debates

Wednesday, 31 March 2004

5:00 am

Photo of Cyprian BradyCyprian Brady (Fianna Fail)

I welcome the Minister of State, Deputy Brian Lenihan. Although a confirmed smoker, I warmly welcome this measure. It is excellent legislation which will stand the test of time.

Since the debate began we have heard all sorts of rhetoric from smokers and non-smokers alike as to how the ban would not or could not work. People said it was nonsense. What happened on Monday proved that the Minister, through his courage and foresight, has turned the tables on those detractors who dismissed this measure as an effort to deflect from what is taking place in the health service.

The onus is on the Government to protect the health of its citizens. Section 47 of the 2002 Act is a prime example of how steps can be taken to do that. The previous speaker referred to the cost to the workplace of smoke-related absenteeism and illness. It was stated that the daily cost to the country was €1 million. It will take time to reverse this trend; things will not change overnight. Firmness will be required to enforce it. However, I am convinced that ultimately the legislation will prove effective in tackling a number of the problems we are experiencing in the health service at present.

People engaged in scaremongering in the early stages of the debate on the legislation. Commentators said jobs would be lost, businesses would close and people would cross the Border in their thousands just to have a cigarette. That was nonsense. I congratulate the Irish Hotels Federation and some vintners on their moderate approach to this issue. Some of the scare tactics used at the start of the debate quite rightly did not last long.

I sat down with interested parties for a reasonable discussion in which they accepted the thrust of the regulation. While they had problems with some aspects of it, this was not unexpected from a business point of view. The Minister had the foresight to make changes to the legislation which addressed most of the outstanding objections.

We now see pubs with canopies, outdoor furniture and heaters for those who want to continue smoking, which is their right. This change is generating further business. A company in Offaly could not keep up with the demand for canopies and other outdoor furnishings to facilitate smokers. Nobody referred to that during the debate before the regulation was introduced; it was not even considered.

I congratulate the Office of Tobacco Control on its approach to this matter, which is pragmatic and logical, and on its excellent brochures. A special brochure was produced for the licensed trade, which takes managers, employers and staff through their obligations and the potential problems they may encounter. Solutions are provided for these problems.

Some commentators did not credit people with any intelligence. People are not stupid. They do not need to be told that their health is at risk if they are constantly exposed to smoke in the workplace, especially if they work in nightclubs, pubs or any other public place where people gather.

The focus in the guidelines is on the health of employees. That point was lost in this debate. Although some people chose not to listen, the thrust of the legislation was to protect workers in their place of work. It was claimed the measure was anti-hotelier, anti-publican and anti-nightclub owners. The Minister kept repeating that the point of the legislation was to protect workers. Employees in pubs and clubs who were interviewed on Monday night said they could not believe the difference the measure made. The guidelines place the emphasis on protecting employers and employees as opposed to customers who may or may not cause trouble. Given that people tend to be intoxicated in pubs and nightclubs, they will not listen to anyone, whether in regard to smoking or fighting. There will be a debate in this House tomorrow on alcohol consumption by young people, which is related to this issue. The emphasis so far has been on pubs and clubs. Many employers throughout the city and country insist on their offices and places of employment being totally smoke free, which has been the case for a long time.

I congratulate the Minister, his Department and the Government in general on this measure. It took courage and a certain amount of stubbornness to continue with this legislation. Huge pressure was brought to bear on all of us. We were all approached by lobby groups. A fierce campaign was mounted. A healthy and interesting debate was held, which the Minister won. I congratulate him on this because it is to everyone's benefit. I welcome the opportunity to endorse fully the measure and, even though I am a smoker, I have no problem with it.

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