Seanad debates

Wednesday, 18 December 2013

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

 

4:20 pm

Photo of David CullinaneDavid Cullinane (Sinn Fein) | Oireachtas source

I commend Senator Crown for bringing this Bill before us and using Private Members' time to raise again the issue of smoking and the tobacco industry generally. He has been a pioneer in this area since his election to Seanad Éireann. I welcome the Minister, Deputy Reilly, to the House. On the Order of Business in recent months, much has been said - not all of it good - about his performance as Minister for Health. On this issue especially, however, we must acknowledge his pioneering work and thank him for it. Tackling smoking is an important issue, as is reducing alcohol consumption. We all support the tobacco control issue and any measures the Minister can take to reduce smoking will be supported by Sinn Féin and, I believe, all Senators in the House. I thank the Minister for his work in this area.

I support the intent of the Bill which attempts to expose and combat the lavishly funded lobbying of public representatives and officials by the tobacco industry. As previous speakers have said, the tobacco industry is responsible for widespread misery in terms of damage to people's health from smoking. Much has been done in recent years in this area, including advertising restrictions and the smoking ban in public premises, which was introduced by the previous Minister for Health, Deputy Martin. In addition, there is now a greater public awareness of and social responsibility concerning smoking.

However, to use that phrase "A lot done, more to do", I think we do have much more to do in this respect. Every year, smoking places huge additional costs on our health services and is responsible for deaths from heart and lung disease, severe respiratory problems and other illnesses also. At some point in the new year, we will have a debate on the HSE's national service plan whereby a lot of money was taken out of health care. As we know, however, we can save money if we can convince people to smoke and drink less. Senator Crown has been very vocal about reducing drinking and has brought sensible proposals both here and at the Joint Committee on Health and Children.

If we can change people's habits, culture and mindset in these two critical areas, we will be able to save money thus freeing it up for the health services. It would be better spent on providing increased treatment for illnesses.

The lobbying of elected representatives and the Oireachtas generally should be more open, transparent and accountable. I think we would all accept that. The development of the Oireachtas committee system has helped in that regard because we can bring organisations in for consultation. Senator Crown sits on the Joint Committee on Health and Children, of which I was a member for my first two years in the Oireachtas. When the previous Minister of State at the Department of Health, Deputy Shortall, was developing policy in this area, the joint committee invited in all stakeholders, including the drinks industry and those campaigning to reduce the availability of alcohol. That was the way to do it. In that regard the committee system has offered opportunities to consider this and other issues.

While I support the intent of the Bill and in no way question its motivation, I do have concerns about it which are similar to those expressed by Senator Colm Burke. There could be wider implications and unintended consequences if this Bill was passed, including possible constitutional implications.

I believe the way to test this would be for the Minister to allow the Bill to progress to Committee Stage. When members of the Opposition utilise Private Members' time to bring forward Bills, the Government, rather than knock them back because there is a problem with them, should allow them to progress to Committee Stage where they could be shaped, moulded and improved. That would be a much better way of doing things.

I support the Bill on the basis that if allowed to progress to Committee Stage any issues arising, including constitutional issues, can be addressed. However, I believe the Bill may set a dangerous precedent in terms of whom elected representatives are permitted to meet and what are defined as permitted meetings. If we are to go down this road, there are a number of issues that need to be properly teased out. I strongly believe that allowing the Bill to progress to Committee Stage would provide us with an opportunity to tease out those issues and improve the Bill if necessary. I hope that the Minister will accept the Bill, which can then be improved on Committee Stage.

I again commend Senator Crown and the Minister on their pioneering work in this area. Long may it continue.

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