Seanad debates

Wednesday, 18 December 2013

Protection of the Public Interest from Tobacco Lobbying Bill 2013: Second Stage

 

3:50 pm

Photo of David NorrisDavid Norris (Independent) | Oireachtas source

I very much hope this Bill will pass Second Stage. I recall that Senator Burke brought forward a Bill relating to medical insurance which was acceptable almost in its entirety to the Government. I argued on that occasion that it should be allowed to go through Second Stage, after which the Minister could amend it as required.

I recall thinking on that occasion that the Government should let it pass Second Stage and then amend it. That is the way this Parliament should work.

There is no doubt that this is a savage Bill. However, we are dealing with a savage and unscrupulous conspiracy. The Minister, on the first page of his speech, puts forward seven accusations against the industry. They amount to a statement of criminal conspiracy. It is a criminal conspiracy to kill people for profit. This is not about the freedom of the individual or curtailing the rights of citizens, but curtailing the licence of multinational corporations which do not have the welfare of the Irish people or anybody else at heart. The motivation is money.

Let us consider the question of the Constitution. I noted that Senator Colm Burke scrupulously avoided my challenge to him to offer constitutional reasons, in probably the weakest speech he has made because he is always very good. The Minister gave them, but they are quite vague. They include freedom of expression, freedom of assembly and freedom of association, but we must have more than that. We must see the Attorney General's advice, although attorneys general can be wrong. The over-riding principle of the Constitution is the public good. I cannot quote the exact Article, but it is in the Constitution. I am astonished that no Government has ever found the guts to use it, because I believe it would persuade a court.

There are organisations such as Forest Éireann, which always claims it is not paid by anybody but I do not know whether I can accept that, and there is a great deal of bland blather, like the rubbish that is spouted by Drinkaware about drinking responsibly. How does one smoke responsibly? Does one just not inhale, like President Clinton? I started smoking when I was in short trousers and my age was a single figure. The reason I did it was that it was so bloody glamorous. Everybody did it. Marlene Dietrich and Audrey Hepburn smoked, marvellously glamorous women with their long cigarette holders, as well as all those wonderful masculine hunks, including the Marlboro Man. What the industry did not tell us about the Marlboro Man was that he died a skeletal ruin from the products he advertised.

Not only was it glamorous when I started smoking, but the medical professionals did not know much about it. Some of them actually recommended it to relax people who were nervous. I remember that. The tobacco companies bought and suppressed scientific information and did everything they could to suppress the evidence that smoking was not just addictive, but also lethal. The lobbying in the US is an absolute affront to democracy. Votes were for sale. Other colleagues have said that, but I consider it deeply offensive. The targeting of young people is also deeply offensive. However, at least they have people such as Professor Crown and this Minister, who I believe are singing from the same page, to support them. The Minister should be prepared to let this Bill pass Second Stage, let the industry challenge it and use the public good provision in the Constitution.

There are also the lies about smuggling. Some of the tobacco companies were convicted in New York state of being involved in a conspiracy with the smugglers. I received a glossy document which mentioned nothing about the smoking industry or the tobacco companies, but I found out eventually, after some digging, that it was from those companies. It was circulated to every Member of the House. This type of thing is absolutely disingenuous. They are vengeful people. In America, they deliberately protracted legal cases so the unfortunate people who were suing them would die of the disease which they had caused during the trial. Every rotten, dirty, bullying trick has been used by this international conspiracy. There is the targeting of young people, lies about smuggling and the dumping in Africa and other countries, where people do not have access to the information we have.

In America, one comedian, Bob Newhart, was able to make a laugh of it. I do not know if Members of the House will remember it. The comedian rang up Sir Walter Raleigh and said, "Hello, Walt, what is new?" Walter says, "I have got this great new stuff." The comedian continues, "It is what, Walt? Leaves? You roll it up in a tube and you what, Walt? Then you put it in your mouth and what? You light it and inhale the smoke." The comedian bursts out laughing. It is a completely mad thing to do.

Senator Gilroy made some interesting points. An official is a person, but a person is not necessarily an official. That must be taken into account when referring to persons who were present at a meeting. I said it is a savage Bill, but one must be savage with these beasts because they are savages. With regard to the €30,000 fine or imprisonment for six months, nobody in their right mind thinks that a judge would impose that on a secretary. There is still judicial room for manoeuvre.

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