Áine Brady (Kildare North, Fianna Fail)

Members of the Seanad are aware that significant provisions of the Public Health (Tobacco) Acts were commenced two weeks ago on Wednesday, 1 July 2009. These provide that no advertising or display of tobacco products will be permitted in any retail premises that sells tobacco products and also require retailers to ensure that their tobacco products are stored out of view, within a closed container or dispenser that can only be accessed by the retailer or by the retailer's staff. To ensure that potential customers, who must be aged 18 years or older, may know what brands are on available, a retailer may use a pictorial list to inform them of the products stocked. This pictorial list, which is optional and not mandatory, can only be produced when requested by a customer and must otherwise be kept out of sight.

Registered tobacco retailers must display a sign at their premises informing the public that tobacco products may be sold at those premises to those over 18 years of age. This sign is mandatory. Retailers may display a sign drawing attention to the fact that identification confirming a person's age may be required as long as this sign does not specifically reference tobacco. In this regard, a wide range of age restricted products can be found in retail outlets that sell tobacco. Examples are alcohol, lottery tickets, petrol, some aerosols, disposable lighters, knives and some DVDs so there can be no legitimate objection to a sign drawing attention to the fact that age identification may be required, as long as tobacco is not specifically referenced or marketing images associated with tobacco brands are not employed.

Self-service vending machines are now prohibited except in licensed premises and in registered clubs. They must be token-activated and they must be located within the line of sight of a member of staff at all times. This is intended to ensure that those under 18 years of age cannot buy cigarettes from an unsupervised self-service vending machine. All retailers of tobacco products must register with the Office of Tobacco Control.

These new measures will be enforced by environmental health officers of the HSE. I pay tribute to the professionalism and dedication of environmental health officers, some of whom I met recently and who impressed me with their obvious commitment to the enforcement of this legislation. Ireland is at the forefront of effective tobacco control measures internationally and these measures, announced just over one year ago, will ensure that we maintain our leadership position. They will play an important part in tackling the public health threat that is posed by the consumption of tobacco.

The year long lead-in period allowed my Department, together with the HSE and the Office of Tobacco Control, to work with those affected by the new measures. The groups affected are primarily tobacco retailers, corner shops, the multiples, supermarkets, forecourt shops, bars, hotels or clubs. Self-service vending machine operators, duty free outlets and specialist tobacco shops are also affected and a comprehensive guidance document was prepared and made available to assist all affected by the new measure in being aware of their responsibilities. During this lead-in period a number of issues were raised with my Department. These were examined and were submitted initially for ministerial decision and subsequently for Government decisions. A policy decision was taken to adjust some of the measures originally proposed and consequently the Public Health (Tobacco) (Amendment) Bill 2009 is before the Seanad today.

The Bill proposes some minor changes to the overall package of measures introduced on 1 July and takes the opportunity to introduce other minor changes. The Bill comprises eight sections. Sections 1 and 8 are standard provisions. Section 2 defines "cigarettes". Sections 3 and 5 are interlinked and provide for judicial discretion on the period of time a person who is convicted of an offence under the Public Health Tobacco Acts is suspended from the retail register. The effect of such suspension is that the person cannot sell tobacco products for the period of the suspension.

This proposal has attracted some critical comment and it would be helpful if I outlined the reasons for the proposed change. Retailers, their representative groups and Oireachtas colleagues raised concerns about the period of time a person who is convicted of an offence under the Public Health Tobacco Acts would be suspended from the retail register. The period of three months was considered disproportionate. It was also considered unfair that the judge has no discretion around the period of time. These concerns were taken on board and have been responded to. The three month penalty remains an option and retailers on summary conviction will also be liable for a fine of up to €3,000 and-or up to three months imprisonment. As the vast majority of retailers can be expected to be compliant it is not envisaged that there will be a large number of prosecutions in the retail sector so I consider the current proposal a sensible compromise.

This proposed change was announced on 27 March and a number of groups sought meetings on the proposed changes, including the Irish Cancer Society, which I met on 14 May last. I met every group that sought a meeting with me.

Section 4 provides an exemption from the advertising ban for airport duty free retail outlets. They will be permitted to have a pictorial list of tobacco products sold on permanent display. However, airport duty free retail outlets will be required to conform to other significant changes in how they do business. Self-service will be abolished and the tobacco products themselves will be required to be kept in a closed container so there will be very significant changes in the airport duty free sector. It is my intention to review this exemption towards the end of 2013. This section also provides an exemption from the advertising ban for specialist tobacconist shops.

Section 6 empowers the Minister to make regulations to introduce combined text and photo warnings, also known as pictorial warnings or graphic warnings, on tobacco products. The European Commission has proposed a library of these warnings but as their introduction is not mandatory, an enabling provision is required, hence section 6. These high impact warnings have already been introduced in a number of EU member states and similar warnings have been introduced in non-EU countries such as Thailand, Canada and Brazil. I intend that my officials will develop an action plan for the introduction of these warnings.

Section 7 broadens the definition of a specialist tobacco retailer to be either a retailer who carries on, in whole, the business of selling tobacco products and tobacco related products by retail or a person who carries on, in part, the business of selling tobacco products but other than cigarettes. This amendment to the existing legislation will allow specialist tobacco retailers of which there are currently no more than five in business in the State, the choice of either selling only tobacco products and tobacco related products such as pipes, cigarette lighters, cigar cutters, humidors, ash trays and so on as provided in current legislation or, in addition to selling tobacco products, selling a full range of non-tobacco related products. Typically these are wines, walking sticks, ties and high-end consumer goods but not cigarettes.

Specialist tobacco shops are very much a niche sector and I do not consider that broadening the definition on the lines proposed will lead to a proliferation of such shops.

The Government remains committed to the introduction of tobacco control measures that will support the aim of bringing about a tobacco-free society and we will work constructively with all stakeholders in the broad health family to achieve this goal.