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

The ban on smoking in the workplace was a sea change. I commend Deputy Micheál Martin on introducing it.

Section 47(8) of the Public Health (Tobacco) Act 2002, as amended, sets out the definitions of specified places, that is, a place of work, schools and so forth. These are the specified places where smoking is currently prohibited. The amendment states that An Garda Síochána can bring a prosecution in respect of section 47(8)(j), but that is just a definition provision, not a requirement provision. The Senators have amended a definition provision but have not made an explicit reference to the offence provision, that is, it does not state, in its current form, that smoking in a car with a child present is prohibited. This is a significant drafting issue but, again, it is not insurmountable. While I note the Senators have taken on board discussions between health and justice officials regarding inserting powers for An Garda Síochána, this amendment cannot be enforced for the reasons already outlined.

Amendment No. 3 relates to an offence provision under section 5 of the Public Health (Tobacco) Act. The amendment provides for the addition of the provision 6A. However, this new provision refers to a contravention of section 47(8)(j), which is not a requirement provision as it only relates to the definition of a specified place.

Amendment No. 4 also incorporates this fundamental provision problem. This amendment relates to the amendment of the Road Traffic Act, which is under the responsibility of the Minister for Transport, Tourism and Sport. Amendment No. 1 also makes reference to the "Minister for Transport". I understand that these provisions have not been examined by that Minister and his Department. On this basis, the amendment would require further examination. Without speaking out of turn, my colleague in the Department of Transport, Tourism and Sport is also a doctor and GP and I have no doubt his support and co-operation would be forthcoming.

I accept the principle of amendment No. 2, which is to make the driver liable for a passenger smoking in the presence of a child. As drafted, this amendment is not acceptable as it includes drivers of a private vehicle in a list of owners and managers of workplaces. I reiterate the point that this provision relating to smoking in cars should be a stand alone provision within the Public Health (Tobacco) Acts and not included-----