Seanad debates

Thursday, 17 April 2014

Protection of Children's Health from Tobacco Smoke Bill 2012: Report and Final Stages

 

11:35 am

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

Tá go leor Gaeilge agam. Tá seanfhocal ann a deir, "Ní neart go cur le chéile". Táimid á dhéanamh sin anseo anois.

There is great strength in working together in the way we have done and I thank everyone involved. As we know, this is part of a long battle and I acknowledge the latitude demonstrated. Senator Sean D. Barrett makes a very important point that the tobacco industry will be very active and bring its considerable forces and might to bear on this small island in order to frustrate our attempts to protect children from the harmful effects of tobacco, effects which are not just harmful but also killer effects. We are all in the one smokeless car together on this one.

There may be a difficulty in discerning the differences between the amendments, but they are serious. I refer to a point that has delayed the other legislation in being published, that we have to be ultra careful in everything to do in dealing with tobacco. The industry has rafts of lawyers poring over everything we do and say, looking to find holes and a rationale for a challenge. Everything has to be done particularly carefully or there will be an attempt to knock it down in the courts. The industry has very deep pockets and will do whatever it takes. We know what it has been like in the past when it has been less than forthcoming with evidence showing that its product is a killer product. We have had this discussion that it is the only product we know of that, when used as directed by the manufacturer, kills one in two of those who use it regularly.

I refer to Senator Jillian van Turnhout's request that I give some guarantee. I cannot give one. There are 166 reasons in the Dáil there might be an amendment because any one Member of the other House might table an amendment that might make sense and I do not wish to preclude this from happening. As the Cathaoirleach has pointed out, it would not be appropriate to do so. I emphasise that I want the Bill to be enacted as quickly as possible. I want to see children protected in every way possible and as quickly as possible and as such, I will do everything to expedite the Bill. I thank Senators Jillian van Turnhout, Mark Daly and John Crown for promoting it, sticking with it and co-operating so well with staff in the Department. Like so many things in life that look simple from the outside, it can become very complicated when so many Departments are involved, which was a concern. Some of the later amendments might seem to some to be a little lenient, but the Office of the Attorney General was very clear on the issue of proportionality.

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