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Seanad Éireann debate -
Wednesday, 7 Dec 1988

Vol. 121 No. 10

Adjournment Matter. - Tobacco Regulations.

I welcome the Minister to the House. I am glad he was able to come in and deal with this matter. I bring the matter up because of representations made to me by concerned individuals, and every non-smoker is a concerned individual. I have also been asked to bring the matter up by the anti-smoking organisations, including a colleague of my own in University College, Cork, Dr. Des McHale, who has done trojan work for the anti-smoking cause.

The House will recall that in July we discussed at length the Tobacco (Health Promotion and Protection) Act, 1988, and its Final Stages were passed on 6 July. In his contribution on Second Stage, Volume 120 of the Official Reports the Minister referred to the Bill as a vital and progressive piece of health legislation necessary to address one of the major preventable causes of ill health. He was particularly concerned with the issue of controlling smoking in public places and restricting the sale of cigarettes to young people and he dwelt on the injury being done to the health of innocent people by the proved hazards of passive smoking. So he came to the conclusion that whatever impact the reduction of tobacco consumption might have in economic terms, these consequences were far outweighed by public health considerations. We all agreed with that very much indeed as the debate made clear.

The Minister referred again to the desire of smokers themselves to overcome their addiction. There is a report in the papers today of a European community survey which bears out that something like 60 per cent perhaps or more of Irish smokers want to kick the habit. I may say also what makes my intervention topical at the moment is that there is a very important public tribunal going on in Cork at the moment about the Merrell Dow proposal to set up a pharmaceutical plant in east Cork. That reminds me of an occasion when Raybestos Manhattan were in trouble with the local residents in the Ovens area of County Cork. On both occasions I came to the conclusion that the damage to public health from cigarette smoking is far greater than the pharmaceutical fallout. Indeed, there was a telling scene some years ago in the parish hall in Ovens when indignant residents protested at the dangers to their lungs from Raybestos Manhattan but you could cut the air in a village hall from the cigarette smoking.

One conclusion from that is that we have a long long way to go in public health education. At any rate, a Chathaoirligh, five months ago the Minister gave us to understand that he would take on the tobacco industry and the pro-smoking vested interests, whoever they might be, within or outside the political area. Of course we were well aware that the Act was enabling legislation under which the Minister would have power to make regulations to prohibit or restrict smoking in a variety of public places. The Act made clear what areas were in the Minister's mind and that was elaborated on in the course of the public debate. I refer the House to section 2 of the Act which speaks about aircraft, trains, schools, concert halls and cinemas.

Section 3 of the Act deals with the very serious matter of juvenile purchase and consumption of cigarettes. My point is that five months on as far as I can see there is no apparent change in the dangerous situation to public health. What has the Minister done to give practical effect to his concern which was expressed on that occasion? Surely there is no longer any need to consult with relevant interests? Surely the consultation should have been going on before the Bill was processed through the Oireachtas? I cannot believe that it took all that time to consult with relevant interests. Is there not a limit to consultation? Must not a measure which would be unpopular in certain quarters be enforced in the public interest?

As regards access by juveniles to cigarettes, as far as I can see any child at all can still be sent down to the corner store to purchase cigarettes for himself or herself, or for their family, in flagrant defiance of the intentions of this Act. Why has the Minister not already designated the obvious places as non-smoking places? Why has he not already designated aircraft, buses, schools, hospitals and most sections of trains as non-smoking areas? As far as I can see the question of smoking on trains which was referred to in particular during the course of the debate has not improved at all. It certainly is subjected to quite unpredictable fluctuations. On one occasion you will get quite a lot of non-smoking carriages and on others you have to look for a non-smoking carriage.

In all of this and in the vital matter of publicising the Act, getting the public acquainted with this tobacco Act there has been an awful lot of delay, an unconscionable delay. Is this delay simply due to bureaucratic tardiness? Is it due to a lack of political will? Is it due to pressure from individual politicians who may have an electoral vested interest in the tobacco industry or is it due to direct pressure from one of the most sinister of all vested interests, the tobacco industry itself, which has displayed this enormous muscle in the United States, for example? Is it that the Government are reluctant to forego the revenue from tobacco consumption which I understand is somewhere around the region of £200 million, the better part of which must surely come from cigarette consumption. In any case the delay is most disturbing. I hope it does not mean that the Government are playing cynical games with public health. I am very glad of the opportunity to raise the matter and I hope the Minister will come clean, as it were.

I am very glad of the opportunity to reply to Senator Murphy and to inform the House of the current position with regard to making regulations under the provisions of the Tobacco (Health Promotion and Protection) Act, 1988. At the outset I should like to outline the position with regard to this Act which, as the House is aware, was passed as recently as July last. I should like to draw the attention of the House in particular to the fact that sections 3 to 6 of the Act are now in force.

In general terms these sections prohibit the sale of tobacco products to persons under 16 years of age. They place the onus on the owner or person in charge of the tobacco vending machine to ensure that it is not used by persons under 16 years of age. They prohibit the sale of cigarettes in packets of less than ten. They control the constituents which may be used in the manufacture of tobacco products and prohibit the importation, manufacture, sale, the offering for sale or other disposal and the advertising or oral smokeless tobacco products.

It is important to emphasise the substantial progress which has been made in this country in bringing forward educational initiatives and legislation to combat the consumption of tobacco products, a strategy which was generally considered as being the best practice in this area in the European Communities. The Department's strategy, containing as it does legal controls over advertising, sponsorship and sale promotion, together with the various components of the 1983 Act, is considered to be a comprehensive way of preventing persons from starting to smoke and encouraging smokers to give up the habit.

I do not propose here tonight to outline the merits of reducing the consumption of tobacco products from a public health point of view. As Senator Murphy said, we debated that here in July. These are well known and accepted by this House. I should like to mention in passing, however, that the prevalence of smoking amongst the adult population in Ireland reduced by almost 20 per cent between the mid seventies and the early eighties. The smoking prevalence has, however, plateaued over the past few years and, in view of this, fresh educational initiatives are currently being planned in the health promotion unit in my Department. These will be launched next year which, as the House is aware, has been designated by the European Community as European Year Against Cancer.

The social disapproval for smoking is now growing worldwide and, together with the educational initiatives the Tobacco (Health Promotion and Protection) Act, 1988, is considered to be a key element in the Department's anti-tobacco strategy. In broad terms, provisions of the Act are designed to mini-mise the risk of passive or involuntary smoking and to provide a healthier, smoke-free environment. Before referring to the section 2 controls I should like to refer to section 6 of the Act which bans the importation of the use of oral smokeless tobacco products. These products are commonly known as skol bandits and are chewed or sucked. There is evidence to indicate that the oral use of both chewing and sucking tobacco is carcinogenic to humans and the World Health Organisation Study Group on Oral Smokeless Tobacco recently called for a pre-emptive ban on these products.

It is gratifying to note that Ireland is the first European country to have banned all types of oral smokeless tobacco products. I attended an international conference organised by the World Health Organisation in Madrid recently and it was encouraging to see Ireland playing a leading role at that conference on tobacco policy and in particular to have the threat to health of this new type of tobacco product recognised internationally. On this basis international co-operation in this area has now been initiated.

The 1988 Act now protects the public from a public health epidemic from this new form of tobacco product. It protects children and young people in particular at whom the product is marketed as the safe alternative to smoking, although of course, as we know, it is not a safe alternative. A draft of the regulations is now ready and consultations are in place as part of the consultative process which I agreed to undertake during the debates on the Bill in both the Dáil and the Seanad. Copies of the Tobacco (Health Promotion and Protection) Act, 1988, have been widely circulated, in particular to organisations where members are involved in the sale of tobacco products, for example, RGDATA, the Irish Vintners' Association and the supermarket chains. The Act has also been circulated to semi-State bodies and organisations including our own advisory council on health promotion and all the various bodies who will be affected by the regulations to prohibit or restrict the consumption of tobacco products. I am glad that a very favourable response has been received from the various organisations and bodies to whom the Act was circulated after it was passed by the Houses of the Oireachtas.

We now have ready the draft of the regulations and the consultations process is in progress. I promised in the House that we would consult with various bodies and organisations. For example, Senator Murphy referred to aircraft. We were in consultation with my colleague, the Minister for Tourism and Transport, Deputy Wilson, about the prohibition of and the restriction on smoking in aircraft because obviously how section 2 will apply depends on whether it is short haul or long haul. I am confident that at the end of the process of consultation I will be able to put before the House of the Oireachtas a comprehensive set of regulations which will curtail and, indeed, in some cases prohibit the consumption of tobacco in specified areas.

A consideration in making the regulations is that a section of the population who still smoke will continue to need smoking faclities. It is important in legislation on a subject like this which has a particular human dimension to gain the support of the public as a whole not to alienate smokers completely. However, my intention is to incorporate in the regulations as many prohibitions as possible while, at the same time, providing limited areas in which smokers can exercise their right to smoke but in doing so will not jeopardise the health of non-smokers.

I assure the Senator and this House that there is no lack of progress or political will in bringing forward the regulations under this Act. They are a priority as far as I am concerned and I expect to have the regulations placed before the Houses of the Oireachtas early in the new year as an important contribution towards European Year Against Cancer.

May I say one or two words in reply and thank the Minister?

You can ask a question, Senator Murphy.

I hope that cinemas and restaurants in particular will soon become non-smoking areas because the position is quite scandalous. Might I say finally, that we could start with Leinster House? It seems to me that the restaurants and Library and so on present opportunities for a very symbolic reform. Having said that, I thank the Minister. One of the purposes of bringing this matter up was, if you like, to encourage the progress which I am glad to hear is proceeding.

The Seanad adjourned at 9.15 p.m. until 10.30 a.m. on Thursday, 8 December 1988.

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