Frances Fitzgerald (Fine Gael)

I welcome the Minister of State to the House. I note that we are taking all Stages of the Bill and this is not a method that we like to see used in the House. I hope that when the House returns it will not be the way legislation is dealt with.

Many anti-smoking groups see this legislation as a concession to vested interest groups and the smoking industry in general, and I am concerned about that. Will the Minister of State respond to this point? I note that she stated she met all the interest groups, including the Irish Cancer Society, but in the Government response and the Bill there is a dilution of what was originally intended. In her speech the Minister of State commented that the Government's intention is to move towards a tobacco-free society but that is not what is happening through this Bill. There is somewhat of a reversal of this in the Bill. We support the broad thrust of the legislation outlining the penalties and for that reason we support it, but we have tabled a number of amendments which we feel would strengthen the legislation.

I am concerned about the impact that the lobbying groups have had on the Minister of State and the Department. It is a very serious question because we all know the power of the international tobacco industry. When men reduced the amount they were smoking because they were becoming more involved in sporting activities and the message was getting through to them, and they gave up smoking prior to young women, we saw immediately that the tobacco industry moved its budget to focus on women. It began to advertise in women's magazines and very successfully targeted the advertisements at young women. When the developed world got the message about cancer and tobacco where did the tobacco industry move its resources and money? It moved them to developing countries and we see the problems those countries now have in this area.

The impact of tobacco and smoking on our lives and on the health of our people is absolutely enormous. This country has been extraordinarily concerned about the rates of breast cancer, but it is very clear that more women will die from lung cancer than breast cancer because of the generation of women who started to smoke in their teens. Unfortunately, we are now seeing the results of that in increased rates of lung cancer.

It is very disturbing to read the recent statistics on increased smoking among young women and men; the battle is far from over. Of an estimated 1 million smokers in the country 1,600 die each year from lung cancer and 7,000 die from smoking-related illnesses. The costs associated are absolutely enormous, as is the impact on the health service. The Irish Cancer Society states that more than €1 billion is spent by the health service on smoking-related illnesses. We should do anything we can to strengthen the hand of the State and the Government to get the message across clearly to our young people that this is a dangerous habit and that it can cost one's life.

We should not dilute what was recommended. I am concerned about the dilution of the penalties and about the exemptions. At total of 80% of smokers begin when they are under 18 and 53% begin when they are under 15. That is on what the legislation should focus. We are aware that the danger is beginning to smoke because it is so addictive. We should do anything we can to protect children, to keep them from starting the habit. That is why I am concerned about the legislation.

It seems the Government listened more to the lobby groups representing the retailers than to ASH Ireland, the Irish Cancer Society and the Irish Heart Foundation. I received very detailed information from each of those organisations, which are very concerned about the Bill. They do not believe it is in the interests of public health as it is a dilution and is the wrong way to go. These are very respected organisations and the Department normally listens very clearly to what they have to say. I commend the Government on the work done on smoking and the ban, so this is very surprising. Where has the influence come from and why has this happened in the Bill?

A recent national health and lifestyle survey shows that the number of people who smoke rose by 2%, from 27% in 2002 to 29% in 2007. This is a concern and we must ask why this is so and what Government policy can do to reduce these numbers. The protection of children should be paramount. Will the Minister of State consider improving the level of the enforcement of penalties for those who ignore the public health measures contained in the Bill?

On behalf of the 10,000 families who lose loved ones to heart disease each year, Michael O'Shea, the chief executive of the Irish Heart Foundation, expressed his serious disappointment with the amendments which water down the enforcement of tobacco health legislation. He stated that, as the chief executive of a national charity supporting people with heart disease and stroke, he welcomed the legislation, as did everyone, as a positive step in the fight against tobacco. However, like any legislation, its success depends on enforcement by authorities and compliance by relevant parties.

The Irish Heart Foundation also expressed concern that the new signage erected in retail outlets throughout the country is contrary to section 43(4) of the Public Health (Tobacco) Act. I am sure many of us have seen these advertisements at petrol stations and other outlets; the cover that was designed to move cigarettes from visible public display is being used as an advertising board, making cigarettes seem somewhat more tempting. The Minister of State may need to examine this issue and we may need to consider more effective enforcement so the legislation is not undermined.

The Irish Cancer Society has also alerted Members of the Oireachtas to the scary and alarming reality that up to 40% of retailers are willing to sell cigarettes to minors. This is why the penalties should be strong and clear and why we should not reduce them. Our legislation has to contain a strong message that those who sell cigarettes to minors will be punished where it hurts, in their pockets, and will be removed from the register to sell tobacco for a period of three months. I do not know why that is being changed. It is not comparable to alcohol. We know precisely the effects of tobacco and the danger from smoking is very stark and is there for all to see. ASH Ireland, a group comprising many public health experts and cardiologists, has expressed similar genuine concerns. Will the Minister of State respond to these points and outline to whom she has responded and why? What is the rationale? It seems to be a dilution of the original recommendations.

The Bill contains a number of provisions on duty free retail. Will the Minister of State explain to the House why these have been included? What is the imperative to amend duty free retail provisions? I have some ideas on it. The Bill provides exemptions for cigarettes for export to countries outside the EU. What is this about and why is it the case? Are we less vigilant about people travelling internationally? Where we export to countries outside the EU are we less concerned about rigorous enforcement?

The broader picture is that the Bill outlines an approach to penalties. We all have the same goal, which is to improve public health, protect young people and ensure that those who break the law by selling cigarettes to children are dealt with. The issue is how we protect children's health and the future health of the population.