Stephen Donnelly (Wicklow, Fianna Fail) | Oireachtas source

I thank Senator McDowell for bringing this to our attention. In order to ensure there is no concern among Senators that the concerns raised will come to pass, I will read from section 45 of the Public Health (Tobacco) Act 2002, which is where this comes from. The section in question provides for exactly the same offence in the case of a person under the age of 18. Section 45(1) states:

It shall be an offence for a person to sell a tobacco product ... to a person who has not attained the age of 18 years.

We are removing that to make it 21 years. Section 45(2) provides that "In proceedings for an offence ... it shall be a defence for the person” specified to produce an age card. In 2023, that was expanded to include a passport. That is the law since 2002. It has not caused a problem in 22 years. The 2002 Act will have had the advice of the then Attorney General.