Seanad debates

Wednesday, 31 March 2004

5:00 am

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)

The Minister has his own private suffering and grief to endure these days and we have met many citizens in the same position in recent days.

I agree with the point made by Senator Ryan about doing things first. This is a first for Ireland that Norway is now seeking to emulate. Many other states in Europe will examine this option. I hope that Northern Ireland looks at it as a matter of urgency because that would relieve the difficulties that will arise along the Border where entertainment businesses may feel at a disadvantage. While they may see themselves as being at a disadvantage, there are a many who will see this as an advantage. On the few occasions that I have visited licensed premises since the prohibition came in, I have sensed a transformation in their appearance. The money that has been invested in them becomes all the more evident with the pall of smoke banished to show the gleaming surfaces. There is now an entirely different atmosphere in the Irish public house.

It is important that we do things first. For a long time after independence, we were content to copy the legislation that emanated from our nearest neighbour after a decent interval. It is good to see that we are taking the initiative in this matter and it is an example for us in other fields.

In discussions with the public, the unreconstructed opponents of this measure constantly argue that we are interfering with the freedom of the individual and this is the nanny state. We must go back to John Stewart Mill, the exponent of liberalism who made the point that the state is not entitled to interfere with the legitimate choice of the individual other than for the protection of others from harm. If we examine the legislation adopted in this area to defeat the legal profession and fulfil the requirements of the European Union, none of it interferes with the freedom of the individual, all it does is protect others from harm. That is why the smoker is perfectly free to leave the licensed premises and smoke on the pavement outside, as can the shop or office worker. We have not gone beyond what is legitimate in classical liberal terms.

There is an alternative school of jurisprudence that has always argued that the state is entitled to intervene to promote a particular moral point of view or foster a certain ethos. We are familiar with that school of though in this State because the leading institutional form of religious expression has always taken that view. If we take that view, there is also a foundation for this legislation because the public house is central in Irish life. By prohibiting smoking in the public house, we are effecting a fundamental social change in Irish life. While we may not have infringed the norms of classical liberalism, we are undertaking a radical shift in outlook that is desirable.

From the limited sampling I have done, this is a good change and long overdue. In years to come we will wonder what all the fuss was about and the hospitality industry will realise that it makes the services and entertainment they put at the disposal of the visitor more attractive. If we can market our hospitality industry in that positive way, it will be constructive.

One economist argued that we should eat, drink and be merry for tomorrow we die and save the State a great deal of money. We spent much time discussing the pensionable age for public servants and have introduced the pension reserve fund. We have done a lot of thinking on the subject and we must do more thinking about basic health provision.

I thank the Opposition for the constructive way it approached this debate. The Opposition parties played their part in helping and supporting the Government, and in making legitimate political criticism from time to time, and the Minister and the Government appreciated that. It helped to build the consensus and public support that is so evident for this measure. There are lessons for all of us in that type of approach to our public affairs. I do not want to dwell on one or other subject, but in regard to this matter it was of great assistance in consolidating the public behind what was a desirable initiative. We all had to entertain arguments from individual citizens and constituents. If we are honest, we all would admit that we spoke sometimes a little out of the sides of our mouths on this issue, but we all gave public leadership on it. That is the important point. It was not only the Minister but the Opposition parties who gave public leadership on this matter and they are all to be very much credited for doing that.

Senator Glynn waxed lyrical about the difficulties of abstinence and the need for strong moral leadership. I do not feel very qualified in that area, although one of the classical virtues was moderation and many have esteemed it. It is true that cigarette smoking is highly addictive. That was referred to by all the speakers. I never had the addiction, although I must confess I smoked a few cigars in my time. Although I was never on the PD wing of Fianna Fáil, I enjoyed the odd cigar, which I have now had to give up.

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