Seanad debates

Wednesday, 14 May 2014

Public Health (Sunbeds) Bill 2013: Second Stage

 

2:10 pm

Photo of Feargal QuinnFeargal Quinn (Independent) | Oireachtas source

I welcome the Minister, and the legislation is welcome as well. About 40 years ago my wife and I bought a sunbed in order to use it at home. Within weeks my wife discovered that using sunbeds was not a healthy thing to do and the sunbed disappeared somewhere else. That is a reminder of how quickly attitudes change. Sunbeds are a bit like smoking, because we have known for years that smoking is dangerous. I shiver whenever I see somebody smoking on the street, and the same applies to sunbeds.
We should look closely at legislation that could have a negative effect on legitimate businesses, but at the same time we must remember that health concerns take precedence. It has been interesting to get some idea of how harmful sunbeds are. I have not been here all day but I am sure the dangers have all been covered. In 2009, the World Health Organization categorised tanning devices as a high-level carcinogen, which puts tanning on a par with tobacco use. The same legislation called on all Governments to regulate sunbed use, which is what the Minister for Health is doing now. The WHO says that the use of sunbeds before the age of 35 increases the risk of melanoma by 75%. Some countries have banned sunbeds altogether. As all health implications become clearer with the passage of time, will Ireland eventually go down the same route? My colleague Senator Crown wants to make Ireland the first smoke-free country in the world and I hope we will take steps in that direction.
I note that section 6 of the Bill prohibits the unsupervised use of sunbeds. Should we include something exclusively in the Bill to effect a ban on self-service automated or coin-operated sunbeds? We have such machines here and they pose a danger because there may be no staff around to help the person using the sunbed if something goes wrong. The inclusion of the section means that supervision is required, but automated sunbeds are still permitted. In Wales, which is part of the UK, coin-operated sunbeds are banned, but we do not have the same reference in the Bill. Should a reference be included to clear up any confusion? Perhaps the Minister will comment on the issue.
I note that the legislation does not apply to medical treatment. The Bill states:

This Act does not apply to the use of a source of artificial ultra-violet radiation used for phototherapy is provided under the supervision or direction of a relevant medical practitioner in a healthcare establishment, or provided elsewhere by that establishment under such supervision or direction.
The UK legislation, applicable to England and Wales, states that a sunbed can be used by a person under 18 for the following reasons:
(a) the use is for the purpose of medical treatment provided under the supervision or direction of a registered medical practitioner, and
(b) the sunbed is a dedicated sunbed in, or provided by, a healthcare establishment.
... “dedicated sunbed” means a sunbed that is made available only for use for the purpose of medical treatment[.]
Where the conditions for the exemption are met, a person under 18 years may be allowed to use or be offered the use of a sunbed, or to be present in a restricted zone containing a sunbed, without an offence being committed. Should we open Irish legislation in order to give doctors a little bit more flexibility to use sunbeds? Should we allow them to make a judgment on whether a person under 18 years can use them? I for one would trust a doctor's judgment on this matter and it seems the UK has adopted the same view. We should seriously consider allowing the power to remain in the hands of medical professionals in this regard. Some doctors support the use of sunbeds for specific ailments. Professor Tim Oliver, a consultant oncologist at St. Bartholomew's Hospital, London, has expressed this view, and I know other experts in dermatology and related fields support this. We should take their expertise into account when considering the Bill.
I am interested in hearing the Minister's comments on my specific questions on automated sunbeds and letting doctors have more flexibility in the use of sunbeds. In overall terms, the Bill is something we must approve of, and the sooner it becomes law the better.

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