James Reilly (Dublin North, Fine Gael) | Oireachtas source

I thank the Senator. Section 2 of the Bill repeals and revokes those provisions of the 1978 Act and the 1991 regulations in respect of tobacco products that were deemed to contain price fixing provisions by the European Court of Justice. I am very disappointed with the judgment. I am on record here in the past as saying that I want to tackle this and have written to Commissioner Borg about it. Tobacco and alcohol are issues of public health and reside in the Directorate General for Health and Consumers and should not be under the Directorate General for Competition. Public health and the common good should supersede commercial considerations in respect of these issues. I am certainly seeking ways to find a legal basis and political support for doing that.

Senator Barrett spoke about hospitals. Certainly, most hospital campuses will now be smoke-free. The Department of Health is one such campus. That is not to underestimate the addictive nature of this problem. I have seen patients with a small oxygen cylinder on their back sneaking out of a ward to go to the toilet to have a cigarette. Somebody very near and dear to me continued to smoke right up to the time he passed away. This is a really serious addiction, involving probably one of the most addictive substances known to man. The Senator is absolutely right. If we were asked to bring this product to market now, there is no question that it would never be legalised.

The Senator's comments about education are 100% right but education is a very broad stroke that happens at home. I have previously mentioned anecdotal evidence of kids going home to their parents crying and saying "Mammy, you're going to die", being reassured by their parent that they were not going to die, asked why they would think that and replying "Teacher says people who smoke die and you smoke." Immediately, there is a conflict so we need to educate parents and children and continue that education right through their childhood, particularly in their early teenage years when they are particularly vulnerable.

I smoked once and have yet to meet anyone who told me that their first cigarette did not make them feel unwell so why do they persist? They persist because it looks cool and because of the advertisements and subtle subconscious message that one will look cool among one's peers if one smokes.

Or course, once addicted it is too late to realise the error of one's ways. However, it is never too late to give up and people should continue to try to give up smoking until they succeed. Every time a person tries it is easier to stay off them a little longer. We need to do as much as possible to support the smoker to become an ex-smoker. As I have said before, I am not anti-smoker, I am anti-smoking and I am anti-tobacco.

On the issue of smoking in cars, when children are not in the car we have examined this in the past and we will look at it again before any law is introduced. However, there are privacy laws around that too and I do not know that it can be done. I wrote to Commissioner Borg expressing the frustration in Ireland with that ruling and that Seanad Éireann, in particular, was frustrated.

With regard to many of these proposals from Senators, the tobacco policy will set out key recommendations in efforts to denormalise smoking. Senator Barrett's amendment deals with the important issue of extending the ban on smoking to other areas. The tobacco policy will set out recommendations in this area involving partnership with and participation by many key stakeholders, for example, local authorities and education organisations. The Government has taken this on board.

The Healthy Ireland initiative was launched by the Government a few months ago and it involves all Departments. There is a full realisation that in the past the Department of Health has been associated with ill-health, with curing disease, instead of being associated with proactively maintaining good health. We realise that other Departments such as those with responsibility for education, justice, the environment, arts and culture, tourism, transport, sport, all need to be involved and to interact. Yesterday I was very pleased to be at the launch of the Slow Down campaign with the Garda Síochána and the National Road Safety Authority because this aims to keep people safe on the roads and it is a critical message at this time of year. Such a campaign transposes across many Departments from health to justice, the environment and social protection. A total of 75 people have died on the roads this year to date and it is not known how many families have been devastated in the process. Many people have been injured who will spend the remainder of their lives dealing with an injury or a disability. I am thinking of parents of a younger person who is injured and may have suffered a brain injury. They will spend the rest of their lives worrying about how that child will be cared for when they go. All that pain and suffering can be avoided as well as all those admissions to our hospitals if people slow down on the roads. However, so many more deaths occur in multiples of tens and hundreds because of tobacco but we can do something about that. We can protect our children and that is what we aim to do by bringing in plain packaging. I am very pleased that we have such support across all parties and across this House and the other House.

I thank Fingal County Council, my own local authority, for being one of the first to ban smoking in playgrounds. I would like to see that ban extended to beaches and parks and anywhere children are present. I refer to the saying, "Monkey does as monkey sees". I note there is a current advertisement on television that promotes this idea with the father rubbing his chin and the young fellow beside him imitating him. If children see a parent smoking it does not matter how much they are educated, they will smoke because they think it is okay.

I regret I cannot accept the Senator's amendment. I endorse the banning of smoking in other areas, whether by legislation or voluntary measures and I am committed to progressing work in this area as a priority. Senators will be aware that I have supported in principle a Private Members' Bill in this House which proposes a ban on smoking in cars with children present because I agree with every sentiment the Senator has expressed. The idea of a child locked into a baby seat, unable to escape from what amounts to a giant mobile ashtray which is how it was described, is pretty shocking.

A number of productive meetings have been held on this Bill. I understand progress is being made by my officials, Senators Crown, van Turnhout and Daly and the Department of the Justice and Equality, in consultation with the Office of the Attorney General. I have asked my officials to progress this Bill as a priority.

I note the Senators' opposition to section 2 and I understand their frustration in this regard. I reiterate my disappointment at the necessity to put forward these amendments but it is in order to comply with the European Court of Justice ruling and to avoid infringement proceedings being instigated against Ireland. I again state my commitment to tackling at EU level the broader issue of the priority given to public health initiatives.

Senators should also bear in mind that the Government retains the option of increasing the excise duty on cigarettes which would counter any decreases in prices introduced by the tobacco industry. There have been a number of tax increases on tobacco in the past and it is my intention that this practice be continued into the future. As I have said here on other occasions, I would love if each cigarette cost €1 so that people would think long and hard before inhaling long and hard.

The Health Ireland initiative which is a cross-departmental initiative wishes to examine how all the areas of government can co-operate in order to reduce the impact of tobacco smoking as well as promoting more healthy lifestyles.

I regret that I am unable to accept the Senator's amendment. However, I ask him to be assured of my absolute commitment - which I know he shares - to ridding our country and the European Union of this scourge and to protect our children in the future.