Seanad debates
Tuesday, 14 November 2023
Public Health (Tobacco Products and Nicotine Inhaling Products) Bill 2023: Second Stage
1:00 pm
Victor Boyhan (Independent) | Oireachtas source
I welcome the Minister to the House. This is an important Bill. We have had some good discussion here. There have been some reoccurring themes, but it is important when we talk about the Public Health (Tobacco Products and Nicotine Inhaling Products) Bill 2023 that we have some regard for the retailers. There are many aspects and sides to this debate, so I want to talk a little about the convenience stores. They play an important part in all of our communities. The Convenience Stores & Newsagents Association, CSNA, represents approximately 1,500 stores. That is a lot of stores, a lot of businesses, a lot of enterprise and they are an important part of this bigger debate. The CSNA represents those big retailers nationwide, as well as some that are independent and some that are multi-franchise operations. The retailers are very significant in the dispersal and selling of the products we are talking about. The members of the CSNA have significant expertise and experience in the retail of a wide variety of products. Its members are already involved in the selling of tobacco, nicotine-inhaling products, alcohol and a whole range of other things, so they have a certain amount of experience.
I do not want us to come into a situation where we become reactionary and over-regulatory about issues and about where we draw the line. Yes, there are health factors and yes, they have to be considered, but the CSNA has welcomed the publication of this Bill. That is an important point I do not want to be lost on us. The association supports strict restrictions on the sale of cigarettes or vapes to those below the age of 18 years and I agree that is the correct thing to do. What is becoming clear from the people I have talked to in the last few days in preparation for our discussions and debate on the Bill is the issue of a broader consultative process. The Minister is mindful of that and I understand he has plans in that regard, but it is really important we hear the different views and different aspects within this debate.
I will mention some of the recommendations the CSNA have talked about. It says it wants an evidence-based and transparent methodology to be used to establish and calculate the licence fees, as other Senator have said. The CSNA believes the Revenue Commissioners should be responsible. They are capable and very effective in the collection of any levies, licences and fees and are, therefore, an obvious choice. The CSNA argues it is important we maintain the age restriction at 18 years. Some have the view that restriction should go up. We had a debate here last week, which Senator Mullen referred to, on votes for people aged 16 years and older. It is about where we are drawing lines on age, responsibility, informed consent and informed knowledge. We should come down heavily on the proxy purchasing of these products, there is no question about that. I have made reports where we have had people go in and purchase alcohol, then come out the door and disperse it to 15 to 17 year-olds. I have raised issues with the licensing of premises of a number of people in my district, because I am vigilant.When it is brought to my attention, I take the necessary and appropriate action that is required to remedy, or seek a remedy, to that situation. There is an argument for the Revenue Commissioners. They are significant and, as I say, they could be appointed to collect and administer the fees, etc. It is important because the health aspect is important and the Minister is, ultimately, the Minister for Health and he has responsibility for health and other matters.
The Irish Heart Foundation made an ask in its pre-budget submission to the Minister and to the Government to introduce a tax on the vapes. There was no mention here of any of its suggestions; the Government rejected its ask and did not move on it. It was not asking for a total ban. In its submission, it said that it was looking for a tax on the vapes because it was concerned, but its calls were ignored. The Minister would have been aware of all of that. He is the Minister who claims responsibility for health within the Government and he is fully aware of the threats that vapes pose to the future health of our children. I say “our children”, because we know there are 11, 12, 13 and 14-year-olds with vapes on our streets. That is a concern. Clearly, nobody can tolerate that. Had the Irish Heart Foundation’s request in its pre-budget submission been adhered to, at least it would have made vapes more costly. The reality is that children are finding access to these and, of course, when things are cost-sensitive, there may be some form of deterrent to them. That is what the Irish Heart Foundation said in its submission. We know that children die and have died as a result of vapes, as well as the overuse or inappropriate use of vapes. Clearly, therefore, this is an issue that we need to address.
I appeal to the Minister to have a broader public consultative engagement on aspects of this Bill. It is good and the Minister has my general, broad support, but I think it could be better.
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