Pat O'Neill (Fine Gael)
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This matter concerns the need for the Minister for Children and Youth Affairs to consider enacting legislation to regulate the piercing and tattooing industry in Ireland to safeguard children under 18 years, although I understand it is to be dealt with by the Minister of State at the Department of Health.

In Ireland we have no legislation on regulation of the tattooing and body piercing industry concerning the age of consent of our youth or their health, well-being and safety. Having a tattoo or a body piercing is a big decision and, in most cases, a permanent one. With the evolution from the metrosexual to the birth of the spornosexual, there is huge pressure, through the media and celebrities, placed on our youth to customise their bodies through tattooing and piercing to keep up with the latest fashion trends. We are all too aware of the medical consequences, such as eating disorders, that some children and teenagers develop to look like their celebrity icons. With this additional pressure now on our youth, and in an industry that is growing and unregulated, we need to ensure the health, well-being and safety of our youth. Trends and fashion change all the time and every teenager wants to be up to date with the latest fashion or trend and there is nothing wrong with that. However, when a trend or fashion becomes permanent for an individual, we need to ensure the decision was not one taken for the wrong reasons, such as through peer pressure or because of the media.

Adults do not always make the right decision either when it comes to tattoos. Many celebrities, such as Megan Fox, Kelly Osbourne, Johnny Depp and 50 Cent, have had their tattoos removed as they stated that they wanted to clean up their image. It is not that they immediately regretted getting tattoos in the first place, but some of the reasons they listed why they spent thousands of dollars having them removed were that they no longer identified with certain things that initially inspired them or felt that they had held them back from future prospects. The procedure of having tattoos removed is not only prohibitive for the majority but the pain experienced going through the procedure of having them removed is excruciating. Tattoos are forever, so "think before you ink".

This is a growing industry and according to the HSE there are no registration requirements, no minimum structural or operational standards to be attained before opening such a business, no basic training requirements for staff, no age of consent, and no medical history requirements for those availing of such services. Consequently, these premises are not included in any inspection programme by environmental health officers and receive no regular or routine visits from any statutory inspectorate. If not performed to the highest standards, tattooing and body piercing can potentially be an extremely hazardous practice. The risks associated with tattooing and body piercing range from acute infections to allergic reactions and can occur when the piercing or tattooing equipment becomes contaminated from contact with dirty surfaces or dirty hands, or from the infected body fluids or blood of the staff member or a previous client.

While most people associate tattooing with serious infectious risks such as hepatitis B, hepatitis C or HIV, even the most localised infection can be life threatening if it enters the blood stream and goes untreated. In addition, there is also a risk of an allergic reaction to the inks or metals used or the latex gloves worn by the service provider. Piercings are not permanent; they can close up but do leave a mark. Tattoos are permanent. I ask the Minister of State to consider regulating this growing industry as a matter of urgency to protect our youth. Parental guidance and consent should be required for those under 18 years of age.

Alex White (Dublin South, Labour)
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I thank Senator O'Neill for raising this issue and for his insightful and well-informed survey of the issues. It provides me with an opportunity to update the House on this matter. At present, there is no legislation specifically regulating the activities of persons providing tattooing or body piercing services in Ireland. However, it should also be noted that there are many cases where young people acquire tattoos or piercings while on holidays abroad or travelling, so even the legal framework advocated by Senator O'Neill would not have extraterritorial effect. I understand the issues he is raising in respect of this jurisdiction.

Tattooing and body piercing businesses are required to comply with general public health and safety legislation in the same way as any other business. The responsibilities of all business operators include taking all reasonable precautions for the safety of persons using the premises. The infectious diseases regulations empower medical officers or health and environmental health officers to take any necessary steps to investigate the nature and source of any infections linked to tattooing or body piercing. Anyone who carries out tattooing or body piercing on a person without informed consent may face criminal prosecution.

It is also an offence if tattooing or body piercing is carried out on certain parts of the body of a child, even if consent has been obtained or purportedly obtained. High standards of hygiene are necessary when carrying out tattooing and body piercing to minimise the risks of infection for both the person carrying out the tattooing or piercing and the client. Standard infection control procedures developed for the health care setting can and should be applied to any settings where there is a potential for persons to be exposed to blood or other body fluids and this includes tattooing and body piercing premises. It is also advisable that persons carrying out tattooing and body piercing should receive hepatitis B vaccination.

My Department and the Health Service Executive are currently reviewing policy on tattooing and body piercing. The focus is on the development of best practice guidance and is aimed at practitioners in the area. The main objective of this guidance is to encourage best hygiene practice by tattooists and piercers, thereby minimising the risk of infection and so protecting them and their clients. The issue of obtaining informed consent will also be examined in the course of the review. The draft guidance document has been developed and is the subject of consultation within the health sector. It is expected that the Department and the HSE will be in a position to bring it to completion later this year. It is not advisable for anyone under 18 years to seek to have permanent tattoos and it is important that people should be cautious in respect of body piercing - the Senator has reflected as much in his contribution.

Pat O'Neill (Fine Gael)
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I thank the Minister of State for his informed reply. I welcome the fact that the Department of Health is currently reviewing the policy and I look forward to seeing how the policy develops. It is important that we get best practice in this industry because, as I have said, young people can be subject to peer pressure and it results in a permanent marking on the body. I call for the sector to be regulated.