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

The amendment sets out the powers of the Minister for Health to make regulations. Senators have given the power to make regulations to the Minister for Transport, Tourism and Sport in consultation with the Minister for Health. As this is not a road traffic issue, it is more appropriate that the Minister for Health is granted regulatory powers in this regard. The Senators' Bill sets out provisions in primary legislation allowing for different fixed charge amounts to be prescribed in regulations depending on, for example, the age of the children and the number of passengers. The smoking of tobacco in the presence of a child in a mechanically propelled vehicle is as serious and harmful as smoking in the presence of a number of children, regardless of their ages. With this in mind, the amendments proposed do not include provisions to grade the fixed charges.

Amendment No. 8 sets out the Short Title and commencement date. It is proposed that the Title of the legislation be amended to read Protection of Children's Health (Tobacco Smoke in Mechanically Propelled Vehicles) Act 2014. This Title is proposed to adequately reflect the content and purpose of the Bill. The provision to allow for commencement orders is required in order to allow the Department of Justice and Equality and An Garda Síochána adequate time to prepare for the introduction of the new legislation. I commend the amendments to the House.