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Dáil Éireann debate -
Thursday, 28 Jun 2001

Vol. 539 No. 3

Other Questions. - Anti-smoking Legislation.

Derek McDowell

Question:

8 Mr. McDowell asked the Minister for Health and Children when the new anti-smoking legislation announced by him on 1 March 2001 will be published and enacted; and if he will make a statement on the matter. [19208/01]

The heads and general scheme of a Public Health and Tobacco Bill, as approved by the Government on the 27 February 2001, were forwarded by the Office of the Parliamentary Counsel to the Government on 2 March for completion of drafting. I hope to be in a position to publish the Bill soon. I cannot say at this time when the Bill will be enacted as that will depend on the parliamentary process, but it is my hope that, with cross-party support, it will be enacted without any undue delay in the autumn session.

The Bill will introduce a range of measures to further the recommendations contained in the report, Towards a Tobacco Free Society, launched with Government approval last year. Tobacco use, and in particular cigarette smoking, remains the leading cause of preventable illness. Tobacco is a significant burden on individuals, families and society through death, illness and medical costs. Our success in improving the health status of the nation is linked to further reducing the level of smoking and, particularly, in preventing young people from starting to smoke. We must ensure that today's children will not be the future victims of the tobacco industry.

The new Bill will provide, among other measures, for a ban on sales of packets of cigarettes of less than 20, the ending of in-store advertising of tobacco products, stronger powers of enforcement for officials implementing the law in this area, the registration of premises selling tobacco products, a requirement by the tobacco industry to provide detailed information on the composition of tobacco products and the estab lishment of the office of tobacco control on a statutory basis.

Public health success in reducing tobacco use requires activity on all fronts. When we have these additional legislative measures in place, and with the additional resources being made available for health promotion activities, research and enforcement activities, I believe there will be a reduction in smoking levels. The Bill is a clear indication of the Government's intention that a new and determined response is being mounted against smoking with the ultimate aim of a tobacco free society.

Will the Minister not accept that this must be the most frequently announced item of legislation? It has been announced many times by the Minister since he became Minister for Health and Children. Will he not accept it is extraordinary that it still has not seen the light of day, particularly when the list of legislation stated it was expected to be published this session?

The Minister has now indicated that it will not be published until the autumn. In terms of legislation that comes from the Department of Health and Children, will the Minister agree it is time the Department had its own parliamentary counsel, rather than being dependent on a centralised unit? It must be embarrassing for the Minister that he is so frequent in his announcements yet so poor on delivery.

Is the Minister aware that in many shops and garages a child can buy sweet cigarettes?

Will the Minister ensure that if ever this Bill appears, he will deal with that problem once and for all?

Yes, I will deal with sweet cigarettes.

I thought the Minister was going to say, "Yes, it is an embarrassment".

The sweet cigarettes proved an embarrassment for me on one occasion in a particular shop, but we will talk about that some other time. The legislation will be ready in a few weeks. I did not say it would be the autumn before it is ready. I expect it will be published within the next three to four weeks. What I meant was that the Dáil is going into recess next week and it will be the autumn session before we have a chance to debate it in the Houses of the Oireachtas. The Bill has not been frequently announced. We published the heads of the Bill and at the time we were anxious to keep the momentum going in terms of the tobacco debate, which is important, and to keep people fully aware of the measures we intend to take. We have passed three Acts in this session. I agree with the Deputy in terms of the need for a legislative unit within the Department. There is no such unit, but we are working on this issue. Such units can do much preparatory work in terms of giving effect to legislation. The Health (Amendment) Act increased the age limit for smoking to 18 years and also increased the fines.

Is the Minister aware of evidence recently given to the sub-committee on health and smoking to the effect that over 50% of patients admitted to, for example, St. James's Hospital are admitted because of smoking or smoking related illnesses such as hardening of the arteries, cancer or whatever? This is an extraordinary figure. I will be careful in choosing my words as I do not wish to prejudice the sub-committee's inquiry. However, would the Minister join me in calling on the three tobacco companies invited to appear before the sub-committee to take up the invitation and not to put the sub-committee to the test regarding compellability?

I wholeheartedly endorse the Deputy's comments regarding tobacco companies. It is unacceptable that they would not take up the invitation of an Oireachtas committee. I find that repugnant and it flies in the face of democracy and the fact that the sub-committee comprises elected representatives who are pursuing an issue which is important in terms of public health. The same companies look for dialogue and consultation, yet they are not prepared to meet the Oireachtas committee on an important issue.

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