Seanad debates

Thursday, 19 December 2013

Protection of Children's Health from Tobacco Smoke Bill 2012: Committee Stage

 

11:55 am

Photo of Jillian van TurnhoutJillian van Turnhout (Independent) | Oireachtas source

We know the Minister supports the legislation. Senators Crown, Daly and I put forward the Bill and we debated it in the House in May 2012, 19 months ago. It was a constructive debate that was supported by all and I felt we were going places. We have met since and I can catalogue the meetings and the contact back and forth, but we have not made progress.

I thank the Leader for allowing us as Members time to table amendments following queries raised by other Departments through the Department of Health. We tabled amendments in an effort to progress the Bill. I believe this is a simple measure. Of course we must examine issues like the presumption of age and the rebuttable presumption. As I said to the Minister's officials, I have prepared a paper on the issue of presumption of age. The matter can be dealt with by the inclusion of a rebuttable presumption and that is what we are trying to do. There are several instances of it in law such as section 32 of the Child Care Act 1991 and section 53(1) of the Children Act 2001. The provision exists in legislation so why can we not progress the Bill? I have questions. As Senator Crown has joined us, I offer him the floor and I will rejoin the debate later.

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