Déirdre de Búrca (Green Party)

I welcome the Minister of State and I welcome the opportunity to debate this point of sale amendment to the Public Health (Tobacco) Acts 2002 and 2004. It is important that we are debating the proposed amendments.

We have seen a huge cultural change in our attitudes to smoking. When I was younger and going to pubs and clubs, smoking was part and parcel of everyday life in Ireland. It was commonplace in pubs and restaurants. Smoking was often glamorised and popularised in advertising. We have achieved a revolution in attitudes towards smoking because we have become aware that it is far from the glamorous activity portrayed in advertising, films and other media. It causes many types of health problems and puts significant pressure on the health system at a time when resources are tightly stretched. For this reason, the ban on smoking in the workplace was important. As other Senators stated, in many ways we took the lead by introducing that legislation. Other countries have since followed our lead or expressed their intention to follow. We have achieved a major change in public areas where people congregate because smoking and exposing others to passive smoking have become anti-social and unacceptable.

All of these achievements were important, as were the 2002 and 2004 public health Acts and the point of sale legislation that came into effect on 1 July, which banned the advertising or display of cigarettes in shops, pubs and hotels. That legislation is an important public health measure, as its aim is to protect children from tobacco advertising. Children are susceptible to the type of advertising for which tobacco companies are responsible. The sale of cigarettes to minors is widespread and is an issue that we, as legislators, must take seriously. We are all aware that smoking is an addictive pastime. When people become addicted to smoking at a young age, it is often difficult to kick the habit. As a society, we are obliged to try to prevent this type of unwitting involvement in smoking among young children in particular, otherwise they could be starting out on lifetimes of addiction to what we now know to be a dangerous substance that is bad for our health. As legislators, we have a responsibility to ensure that the attractive methods used to convince people to begin smoking are removed from the reach of minors.

In supporting the point of sale legislation, the Government recognised the power of advertising in many of the outlets regularly used by children, namely, local and garage shops and other retail outlets. The penalties proposed by the legislation were important. For this reason, the correspondence sent to all Members by the Irish Cancer Society was interesting, in that it expressed its concern that the amendments to be discussed today would dilute the penalties for those in breach of the Public Health (Tobacco) Acts. Others have referred to some of the statistics. For example, the Irish Cancer Society has pointed out that 2008 saw 26 convictions for sales to minors. The society does not believe that this statistic reflects the level of tobacco sales to minors. It points out that the latest data from the Office of Tobacco Control indicates a significant number of retailers are still willing to sell cigarettes to minors. The office's report supplies a figure of 40%. Therefore, the figure of 26 convictions seems low. The society also pointed out that the fines given in all prosecutions amounted to €6,750 and that the average fine was €250, although the guide fine under the legislation is €3,000. In three cases, the fine was just €100. In seven cases, approximately 27% of prosecutions, no fines were given at all.

When we discuss the amendments, we must be aware of the level of disappointment with the way in which the current penalties are being implemented. The concern is that these amendments will dilute further the ability to penalise and prosecute those involved in selling cigarettes to minors. The key amendment, according to the society, is the greater judicial discretion in deciding for what period a person convicted of an offence under the Acts should be removed from the retail register. The maximum period for which someone can be excluded from the register will be 90 days. We must be practical and consider to what extent this penalty will serve as a disincentive to a retailer who has been selling tobacco to minors. Ninety days is barely three months, which is a short time to be removed from the register. I respectfully suggest that it is unlikely to have a major impact on the retailer.

Representations were made to the Government about retailers' concerns regarding such penalties, but being removed from the register and losing that licence would not mean that a retailer must close his or her shop. Retailers would still be able to sell other goods and remain open for business. We must try to find a balance between the protection of minors and the interests of retailers. I would like to hear the Minister of State's response to some of the concerns raised by the Irish Cancer Society with Deputies and Senators.