Amendments Nos. 13 and 14 are related and may be discussed together by agreement.
SECTION 12.
I move amendment No. 13:
In page 10, subsection (1), lines 37 and 38 to delete paragraph (b) and substitute the following:
"(b) information about health formalities required for the journey and stay, and to include addresses of specialised Travel Health Centres, and comprehensive information leaflets on travel health risks, detailing available protective immunisation measures;".
This amendment proposes the substitution of more expansive requirements in regard to the health aspects under this Bill. As it stands, the Bill does not go far enough in putting an onus on the organiser of the package holiday to bring to the consumer's notice the necessity to take adequate precautions against possible health hazards at the holiday destination. The Bill is substantially improved by the insertion of my amendment so I would ask the Minister to accept it and, consequent on that, amendment No. 14 which is similar.
I have a different view on this to Deputy Molloy in that I am not sure whether it is practical to give addresses of specialised travel health centres. The Minister may be in a better position to judge. The intention behind the amendment is sound but I doubt whether this wording is the way to do it.
Section 12 (1) (b) requires the organiser to provide the intending consumer with "information about health formalities required for the journey and the stay". I had considered tabling an amendment there to insert the word "legal" before "health formalities". The Minister might consider putting in a few words along the lines of "health formalities which are public, published or generally available". It is not as clear as it might be because the words "and the stay" complicate it.
If you are talking about someone who might stay in the Far East or Africa for two weeks, I doubt whether a travel agent could be fully aware of all the health formalities that such a person could require. A health formality could be a tradition rather than a law in a part of Africa. Would the Minister consider inserting "health formalities publicly available or approved by the local department of health", or some reference to those which the travel agent should know about because they are published by the host government, as opposed to open ended health formalities which might not be as easy to pin down? That suggestion might make it easier.
The provision in section 12 in regard to the information being provided to the consumer before consultation of the contract about health formalities required for the journey and the stay, is taken directly from the EU Directive. We have no discretion to provide that this should instead be included as an essential term of the contract under section 14. In any case I do not consider that it would be appropriate. What is in question here is that an intending consumer must be informed before conclusion of the contract if there are particular requirements of the authorities in the countries to be visited, or any countries through which the consumer will pass in the course of the journey, in respect of innoculations or vaccinations. It is sufficiently clear that the health requirements in question are those imposed by the national health authorities in various countries.
Given the long list of requirements suggested in the amendment, we could be dealing with 100 pages detailing places and things that might be desirable. If they were to be included and we made the retailer responsible for knowing them and producing them it would be an onerous, bureaucratic burden on the retailer or organiser. We are meeting the terms of the directive.
I take the point made by Deputy Brennan that if we inserted the word "legal" or "required in the countries through which" it would make it more specific. We will look at that, but if we go down the road the amendment is suggesting, about "comprehensive information leaflets" and "travel health centres", or would need a special suitcase to carry the leaflets for every country through which one travelled, for example, in Africa.
A large number of people travel from Ireland to what were once considered exotic locations. Generally, they are young people who might not be as careful as elderly or more mature people. The directive places an obligation on the person organising the travel facility to make as much information as possible available to the intending consumer of the package about the health dangers in various countries, and of the necessity to be properly immunised against various diseases that are prevalent in some countries.
In our legislation we are not inhibited from adding the words I am proposing. The member states of the European Union have the discretion to write their own legislation provided it complies with the spirit and terms required in the directive. We can do so, in our own fashion, because of the dangers involved and the huge numbers of people travelling nowadays. Although many people travel abroad for holidays, many others go to work in undeveloped Third World countries. The number of young Irish people who give up so many years of their lives to work for organisations like Concern and Trócaire is impressive. They work in remote places and their friends and relatives visiting them from home have to cross different countries. The exposure to tropical diseases is more extensive now than it was, and the amendment merely puts an obligation on tour organisers to give information about the health formalities required for the journey and the stay, as well as providing addresses of specialist travel health centres.
There are a number of such centres in Ireland where people can get the required vaccination or immunisation. It should be obligatory for tour organisers to provide intending travellers with that information to ensure that they are fully aware of the dangers as well as the measures they should take to protect themselves before they travel to these places. The provision of comprehensive information leaflets on travel health risks, detailing available protective immunisation measures and other such information are reasonable requirements to place on a tour organiser.
We have considered the Bill with the Minister and put down amendments in good faith. He has not accepted any in my name or in the name of Deputy Brennan and it is disappointing that the Minister is adopting this attitude. The Bill would have been improved if the amendments in my name had been accepted. We withdrew some of them and voted on others, but in view of its importance and relationship to a health matter, I appeal to the Minister to accept this amendment. I am aware that the Minister appears before the committee with prepared replies, but I ask him to have an open mind on this matter. The dangers which people are exposed to are quite extensive and, unfortunately, it is known that quite a large percentage of young people travel without taking the necessary precautions. This would be an extra reminder to them of the necessity to protect themselves.
I reject the tone of the Deputy's remarks that I am prepared or turned up by somebody else before appearing before the committee, or that I have been very difficult. We reached agreement on the vast majority of the amendments tabled and on the sections to which there were not any amendments. When a division arose, the Deputy's amendment was not suitable on which to call a vote and instead, he called a vote on an amendment in the name of another Deputy.
In one of the amendments in the name of the Deputy to the section we are now addressing, the suggests that a clause should be inserted in section 14 which is already clearly stated in section 12 of the Bill, in practically the same words. We have now discovered that the specialist traveller centres to which the Deputy refers are not dotted all over the world but are in Ireland. They are few in number and they would automatically be brought to the attention of people travelling abroad — both by the health authorities and the travel agents — because they will require the vaccinations. However, the vaccination requirements in the other countries will now be included and listed. To find the places where they are required is very easy and I have never come across a case where anybody had any difficulty in finding them.
To suggest that a travel agent in Ballinrobe, County Mayo, would provide comprehensive information leaflets on health care all over the world is excessive and beyond the requirements. Aid workers in Africa and other countries, to which the Deputy referred, are not covered by the Bill. We are effectively considering tourists who are travelling on travel packages and not aid workers in Africa.
Is the amendment withdrawn?
No. The amendment does not state travel centres throughout the world. It states "...Travel Health Centres.", and we are dealing with Irish legislation in this instance.
Amendment put.
The Select Committee divided: Tá, 9; Níl, 12.
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Tá |
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Byrne, Hugh. Kitt, Michael. Kitt, Tom. Leonard, Jimmy. Molloy, Robert. |
Nolan, M. J. Ó Cuív, Éamon. O'Keeffe, Ned. Smith, Brendan. |
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Níl |
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Bell, Michael. |
Finucane, Michael. |
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Bradford, Paul. |
Gallagher, Pat (Laoighis-Offaly), |
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Broughan, Tommy. |
McCormack,Padraig, |
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Browne, John (Carlow-Kilkenny), |
McGinley, Dinny. |
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Costello, Joe. |
Sheehan, P. J. |
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Creed, Michael. |
Stagg Emmet. |
Amendment declared lost.
Section 12 and 13 agreed to.
Amendment No. 14 not moved.
Section 14 agreed to.