Stephen Donnelly (Wicklow, Fianna Fail) | Oireachtas source

I thank colleagues for their contributions. Rather than giving a set-piece speech, I will address the various points that were made.

With regard to retailers, I accept that we will have two separate ages, namely, 18 and 21, just like we did when, as was previously the case, cigarettes could be sold to 16-year-olds at the same time the legal age to purchase alcohol was 18. For many years, retailers successfully dealt with those two age limits of 16 and 18. I have full confidence that our retailers will be able to deal with separate age restrictions of 18 and 21. Colleagues will recall that the legal age for smoking was increased from 16 to 18 a few years ago, with the age for sale of alcohol remaining at 18. Our retailers have dealt with a similar situation previously. As Senator McDowell said, there is a three-year lead-in period. Do we need to engage on this? Of course we do. We need to listen very carefully to the retailers and do everything we can to make it work for them. As colleagues pointed out, it is the retailers who will be implementing the law every day in their shops. We have three years, which is a significant lead-in period for consultation.

Reference was made to illicit trade. As we know, illicit trade exists. The same argument was put forward in regard to the workplace smoking ban, that is, that it would create an illicit trade. The same argument was put forward when the legal age for smoking moved from 16 years to 18. That is not to say this is not a legitimate concern, but it is a concern anyway and it is a matter of enforcement. There is a significant illicit trade, driven primarily, I imagine, by the very significant taxes we, quite rightly, apply to cigarettes. Price elasticity is probably the single most effective thing we can do in terms of reducing the smoking age. I fully accept that illicit trade is a consideration but it is a consideration in respect of any public health measure to do with either alcohol or tobacco.

Colleagues asked about enforcement. As it does today, enforcement will happen in respect of these measures. It was pointed out that there is a pretty rigorous enforcement process in place. We have a team within the HSE that does that across the country. It will continue to do so. Our retailers are very familiar with that enforcement.

It was suggested that these proposals might be a pull-back from the New Zealand model. That is not the case. In fact, it is quite the opposite. I thought it was well worth exploring the New Zealand approach, under which the age for legal purchase goes up every year. This means that somebody who is 16 today will never be legally allowed to purchase tobacco products. There genuinely is an enforcement issue there for retailers. Asking them to remember the legal age is 25, 43 or 62 would be very difficult.