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

Amendment No. 3 sets out the key prohibition; amendment No. 4 sets out the powers of An Garda Síochána; amendment No. 5 sets out provisions for the fixed charge notice; while amendment No. 7 sets out penalties for the offences included in the Bill. These amendments provide that if a person, an adult or a child, is smoking in a mechanically propelled vehicle, in the presence of another child, the smoker is guilty of an offence. This amendment also makes a driver of a mechanically propelled vehicle guilty of an offence, whether the driver or another person is the person smoking in the said vehicle.

The Senator's Bill contained this principle of the driver's liability. However, we have included defences in our amendments which are proportionate. We have allowed one defence for the smoker and two additional defences for the driver if he or she is not the person smoking in the vehicle. These defences are that the smoker and-or the driver reasonably believed everyone in the car was over 18 years of age; that the driver could not prevent a passenger from smoking without compromising safety; and that the driver made all reasonable efforts to prevent the passenger from smoking. These defences for the driver are reasonable as the driver's main responsibility is to ensure the safety of his or her passengers in the activity of driving, for example, driving safely and ensuring children in the vehicle are strapped in correctly.

Amendment No. 4 provides for the powers of An Garda Síochána. Similar to the Senator's Bill, it gives An Garda Síochána the power to stop a car and request the name and address of the person committing the offence. If a person fails to stop, refuses to give information or gives false information, he or she is guilty of an offence. References to the driver's licence or learner permit have not been included as these are more appropriate in the context of road traffic offences, not this offence which is created from a public health perspective.

With regard to the fixed charge notice provisions, we agreed with the Department of Transport, Tourism and Sport that it would not be appropriate for the Road Traffic Acts to be amended on the basis that the offence of smoking in a car with children present was a public health matter, not a road traffic offence.

However, it was agreed that the fixed-charge notice provisions should be similar to those already operated by An Garda Síochána for ease of application. For this reason the period of days allowed for payment of the fine is 28 days and not 21 days as set out in the Senator's Bill. In addition this section allows for the increase of the original fine by 50% where that fine is not paid within the 28-day period. The amendment provides that a prosecution shall not be initiated if the fines are paid within the specified periods.

Amendment No. 7 contains summary convictions where somebody has committed an offence under the Act. This includes offences of refusing to stop the car, refusing to give a name or address, and giving false information. The penalty is in the form of a class D fine, which is not exceeding €1,000. I commend these amendments to the House.