Ulick Burke (Fine Gael)

I congratulate the Minister for Health and Children on his determination in seeing this legislation through. It is welcomed by many people. The various interest groups which raised difficulties in recent months have come to realise that there is widespread public support for the banning of smoking in public places. There is particularly strong support for the banning of smoking in licensed premises, which was the most contentious element of the measure and which we discussed when the legislation was being debated.

It is now time to review the exemptions granted in the legislation. I particularly mention nursing homes, hospitals, hospices and psychiatric hospitals. I do not understand why some of those institutions have been exempted. I see an inconsistency here. I hope the Minister will review these exemptions. It is difficult to understand the rationale behind them.

Enacting legislation is one thing but implementing it is another. Senators have referred to the guidelines for owners and managers of premises where the ban is to be implemented. We must appreciate that it will be difficult, initially, for owners and managers to carry out these guidelines. While we do not want to see anyone breaking the law, there must be an initial period of leniency. Such an approach will be more conducive to implementing the ban than a hard ham fisted approach. People must be given a chance to adjust to the changes, which will be very difficult for many.

The Minister has taken on the challenge of the tobacco industry, whose products have been shown to carry a serious health risk. If he is to be consistent, the Minister must now address the scourge of drugs, their sale and their use. Some Members of these Houses are sympathetic to the acceptance of the use of soft drugs. I do not know if tobacco can be classed as a hard or soft drug. However, if we are agreed as to the negative effect of tobacco smoking on people's health we must also recognise the negative effect of the use of other drugs, whether hard or soft, on the health of individuals, on family life and on the structure of society at large.

I compliment the Garda Síochána on the tremendous work the force is doing to rid our society of drug barons. As well as drug barons, ordinary innocent people are often enticed into the drug culture and continue, through fear, to distribute drugs.

The problem of cigarette smuggling must also be addressed. The Revenue Commissioners, the Garda and the Customs and Excise service have their part to play in ensuring that the smuggling of cigarettes is eliminated. Smuggled cigarettes find their way into establishments where they are distributed, on the premises, through vending machines.

I welcome the legislation but much remains to be done to ensure it is implemented in full and in an acceptable and effective manner. The health board officials and environmental health officers have a function in enforcing the legislation. I decry the practice of sending young people into premises to purchase cigarettes in order to apprehend shopkeepers who are breaking the law. As a member of a health board I found it difficult to accept that a statutory body would use minors in this way to detect crime. I hope no similar methods will be used in enforcing this legislation.

I welcome this measure and I congratulate the Minister on his determination in introducing a major change in the social behaviour of the nation. I hope the hard hand of the law will not brought to bear and that the legislation will be implemented sensibly