Damien English (Meath West, Fine Gael)
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Question 299: To ask the Minister for Health the plans he has to reduce the consumption of tobacco products amongst minors in the State; and if he will make a statement on the matter. [14124/11]

Damien English (Meath West, Fine Gael)
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Question 300: To ask the Minister for Health the extent of the sale of tobacco products to minors in the State; his plans to counteract the sale of tobacco products to minors; and if he will make a statement on the matter. [14125/11]

James Reilly (Dublin North, Fine Gael)
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I propose to take Questions Nos. 299 and 300 together.

In July 2009, further provisions of the Public Health (Tobacco) Acts 2002 and 2004 were commenced. These included -

(i) a ban on all in-store/point-of-sale advertising of tobacco products,

(ii) a ban on the display of tobacco products in retail premises,

(iii) the introduction of a closed container / dispenser provision

(iv) tighter controls on the location and operation of tobacco vending machines,

(v) the introduction of a retail register.

The aim of these provisions is to further de-normalise tobacco and to protect children from the dangers of tobacco consumption. A evaluation in 2010 of the effects of this ban in Ireland found that there was a 60% drop in the proportion of children who recalled seeing in-store tobacco displays. The research confirmed the greater impact of point of sale displays on children ,as prior to the introduction of the ban on point of sale, a much greater proportion of children than adults recalled seeing tobacco packs (81% Vs 49%). These figures indicate that the legislation is de-normalising smoking amongst children and, in the long term, will reduce childhood initiation. Further to this, my Department is currently undertaking a review of tobacco policy and in this context, it will further consider the consumption of tobacco products by minors.

Section 45 of the Public Health (Tobacco) Acts 2002 -2010 prohibits the sale of tobacco products to persons under 18 years of age. A retailer convicted of selling tobacco products to a person under 18 years of age can be fined up to €3,000 and prohibited from selling tobacco products for a period not exceeding 3 months. The tobacco legislation is enforced by the Environmental Health Service of the HSE and as part of the enforcement of the legislation, the environmental health officers carry out test purchasing of tobacco products to minors. I have therefore requested the HSE to forward to you directly, details of number of test purchases of tobacco products that have been completed and the number of prosecutions that resulted.

A person who proposes to sell tobacco products must register with the National Office for Tobacco Control in the first instance and the penalties for non-registration are as set out above. However, in the case of the sale of illicit or counterfeit tobacco products to minors at markets, this matter is being dealt with by both the Revenue Commissioners and An Garda Síochána.

Damien English (Meath West, Fine Gael)
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Question 301: To ask the Minister for Health his views regarding the access minors have to purchase tobacco products at both regulated and unregulated markets here; if he has liaised with the Department of Jobs, Enterprise and Innovation on the matter; and if he will make a statement on the matter. [14126/11]

James Reilly (Dublin North, Fine Gael)
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In July 2009, further provisions of the Public Health (Tobacco) Acts 2002 and 2004 were commenced. These included -

(i) a ban on all in-store/point-of-sale advertising of tobacco products,

(ii) a ban on the display of tobacco products in retail premises,

(iii) the introduction of a closed container / dispenser provision

(iv) tighter controls on the location and operation of tobacco vending machines,

(v) the introduction of a retail register.

The aim of these provisions is to further de-normalise tobacco and to protect children from the dangers of tobacco consumption. A evaluation in 2010 of the effects of this ban in Ireland found that there was a 60% drop in the proportion of children who recalled seeing in-store tobacco displays. The research confirmed the greater impact of point of sale displays on children ,as prior to the introduction of the ban on point of sale, a much greater proportion of children than adults recalled seeing tobacco packs (81% Vs 49%). These figures indicate that the legislation is de-normalising smoking amongst children and, in the long term, will reduce childhood initiation. Further to this, my Department is currently undertaking a review of tobacco policy and in this context, it will further consider the consumption of tobacco products by minors.

Section 45 of the Public Health (Tobacco) Acts 2002 -2010 prohibits the sale of tobacco products to persons under 18 years of age. A retailer convicted of selling tobacco products to a person under 18 years of age can be fined up to €3,000 and prohibited from selling tobacco products for a period not exceeding 3 months. The tobacco legislation is enforced by the Environmental Health Service of the HSE and as part of the enforcement of the legislation, the environmental health officers carry out test purchasing of tobacco products to minors. I have therefore requested the HSE to forward to you directly, details of number of test purchases of tobacco products that have been completed and the number of prosecutions that resulted.

A person who proposes to sell tobacco products must register with the National Office for Tobacco Control in the first instance and the penalties for non-registration are as set out above. However, in the case of the sale of illicit or counterfeit tobacco products to minors at markets, this matter is being dealt with by both the Revenue Commissioners and An Garda Síochána.