Colm Burke (Fine Gael) | Oireachtas source

The lobbying Bill establishes that public bodies will publish on their websites an up-to-date list of the name and grade of its designated public officials and officeholders. The Bill sets out the Government's policy on the regulation of lobbying. It does not prevent lobbying but rather it provides clear guidelines for its management. The Government's intention is clear. The heads of the Bill have been published and there is a timeframe for dealing with the Bill. The public service reform programme published on 17 November 2011 referred to the establishment of a statutory register of lobbyists.

Any legislation must be examined to ensure it is in accordance with the Constitution. In my view, this Bill being debated today is not in accordance with the current constitutional position. This is the reason I oppose the Bill. I agree we need to debate the issue of tobacco use and also identify the extent and power of the tobacco lobby. This week I was lobbied about the business of the health committee which will deal with this issue in the new year, including the proposal to introduce plain packaging for tobacco products. Submissions will be accepted from those working in the health sector. The committee has decided that the tobacco industry will be permitted to make a submission which will afford the committee members the opportunity to cross-examine the representatives of the industry. This will highlight that the industry's arguments about the protection of jobs do not stand up in real terms when the overall cost to the State of cancer care is taken into account. Senator Crown has correctly stated that the biggest contributing factor in cancer is tobacco smoking. The Government has explained the long-term plan for dealing with the sale and distribution of tobacco products. This Bill does not contribute to the long-term plan. We need to be realistic that the tobacco industry is contributing to health problems in this country but we need to deal with it in a manner that does not present a constitutional challenge. I do not believe this Bill will assist the programme for dealing with this issue.