Seanad debates

Thursday, 17 April 2014

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

 

11:45 am

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

I agree with much of what Senator Barrett said about road safety. A driver could be rummaging around trying to find a cigarette or have the unfortunate experience of Senator Norris and find himself or herself in contortions trying to drive down the road. However, this could be the passenger who is lighting and smoking the cigarette and therefore have no impact. One could equally argue that part of the match could fly off and hit the driver in the eye. This is where we avoid the good being delayed by the perfect. We should proceed with this as quickly as we can, which is everyone's goal.

In response to Senator Norris's queries on fines, many of the fines are between €80 and €100 for a first offence. The Senator also raised the "may" or "shall" argument and he and others spoke about the word "reasonable". The term "reasonable" is well known in law and accepted as such. It is used extensively in the Protection of Life during Pregnancy Act, in terms of "reasonable opinion", as Senators may recall. So I believe all these things are covered off. The "may" or "shall" argument can be for another day. We can look at it and it can be debated in the Dáil.

We would like to see the Bill go through today in order that it can be carried on through Dáil Éireann and become law to ensure children will be protected from the dangers of environmental tobacco smoke. We have been protecting workers but not children, which seems bizarre. We are where we are and can now correct the anomaly.

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