Jim Walsh (Fianna Fail) | Oireachtas source

I apologise for arriving late. I was involved in something else. I have no difficulty in accepting the Minister's absolute bona fides on this important legislation. I commend him on it. However, I have some concerns about his decision to leave certain issues to the discretion of the Minister of the day. I do not doubt the Minister is approaching this matter in the interests of consumers. I hope this measure will deter people from smoking and encourage them to quit. As I said on Second Stage, this evil industry will do its damnedest to encourage future Ministers to make changes. It will look for any possible amelioration in the position, from their perspective, that will benefit it in the sale of cigarettes. I am worried that future Ministers might not have the same degree of commitment to the thrust of what the Minister, Deputy Reilly, is doing. My colleague said this could lead to challenges but my concern - leaving that aside - is that by leaving this open to ministerial discretion and thereby giving options to future Ministers, the cigarette companies might be encouraged to influence future office holders to make changes. As I understand it, a change to the statutory instrument will be all that will be required. The Minister might correct me in that regard. In that context, it worries me that these Houses have no proper record of diligence in debating or monitoring statutory instruments. I would be far happier to see the Oireachtas determining exactly what should be prescribed in legislation. I suggest that the Minister, Deputy Reilly, is the best person to do that in light of his commitment to this issue. We should make provisions that reflect the best interests, purposes and objectives behind this Bill.