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Regulation of Sunbed Use

Dáil Éireann Debate, Tuesday - 9 July 2013

Tuesday, 9 July 2013

Questions (472, 473, 474, 475, 476, 493, 512, 521, 522, 525, 529, 531, 532, 557)

Seán Ó Fearghaíl

Question:

472. Deputy Seán Ó Fearghaíl asked the Minister for Health the issues raised in correspondence relating to sunbeds (details supplied); and if he will make a statement on the matter. [33443/13]

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Billy Timmins

Question:

473. Deputy Billy Timmins asked the Minister for Health the position in relation to sunbed regulations (details supplied); and if he will make a statement on the matter. [33923/13]

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Bernard Durkan

Question:

474. Deputy Bernard J. Durkan asked the Minister for Health his future plans, if any, to regulate the use of sunbeds with particular reference to the alarming number of persons under the age of 25 who continue to use sunbeds despite significant health risks; and if he will make a statement on the matter. [33602/13]

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Derek Nolan

Question:

475. Deputy Derek Nolan asked the Minister for Health when he intends to introduce legislation for the regulation of sunbeds; the reason there has been a delay in introducing this legislation; if he will provide a time line for the introduction of this legislation; and if he will make a statement on the matter. [33603/13]

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Finian McGrath

Question:

476. Deputy Finian McGrath asked the Minister for Health if he will support the Irish Cancer Society's action on sunbeds campaign; if he will legislate for regulation on sunbed usage; and if he will make a statement on the matter. [33614/13]

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Dominic Hannigan

Question:

493. Deputy Dominic Hannigan asked the Minister for Health if his attention has been drawn to the Irish Cancer Society's action on sunbeds campaign; his plans for legislation for sunbed regulation; and if he will make a statement on the matter. [32978/13]

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John Paul Phelan

Question:

512. Deputy John Paul Phelan asked the Minister for Health the position regarding proposals to regulate sunbed facilities here; and if he will make a statement on the matter. [33140/13]

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Paudie Coffey

Question:

521. Deputy Paudie Coffey asked the Minister for Health his plans to introduce legislation to regulate sunbed use here to reduce the risk of skin cancer in younger persons; and if he will make a statement on the matter. [33284/13]

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Patrick O'Donovan

Question:

522. Deputy Patrick O'Donovan asked the Minister for Health his plans to bring forward legislation to regulate the sunbed sector; and if he will make a statement on the matter. [33285/13]

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Andrew Doyle

Question:

525. Deputy Andrew Doyle asked the Minister for Health the pending legislation and regulations that he intends to put in place for the regulation of sunbeds; if his plans include the restriction of sale of private sunbeds in addition to sunbeds available for public use; and if he will make a statement on the matter. [33300/13]

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Michael Healy-Rae

Question:

529. Deputy Michael Healy-Rae asked the Minister for Health his views on research conducted by the Irish Cancer Society (details supplied) in relation to sunbed use among young persons; and if he will make a statement on the matter. [33331/13]

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Robert Dowds

Question:

531. Deputy Robert Dowds asked the Minister for Health if he will provide an update on his work on the public health (sunbeds) Bill; and when this Bill will be introduced. [33334/13]

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Róisín Shortall

Question:

532. Deputy Róisín Shortall asked the Minister for Health his plans to introduce legislation to regulate the use of sunbeds; and if he will make a statement on the matter. [33335/13]

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Seán Kyne

Question:

557. Deputy Seán Kyne asked the Minister for Health in view of the dramatic 138% increase between 1994 and 2010 of skin cancer cases, if legislation regulating the use of sunbeds will be introduced with particular reference to younger persons and those with at-risk skin types. [33481/13]

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Written answers

I propose to take Questions Nos. 472 to 476, inclusive, 493, 512, 521, 522, 525, 529, 531, 532 and 557 together.

I am aware that the Irish Cancer Society (ICS) has recently launched a campaign to highlight the need to protect young people from cancer-causing sunbeds. This campaign is focussed on the cancer risk associated with sunbed use and builds on earlier work undertaken by the ICS in this regard. On a broader front, the Irish public has also, over recent years, benefitted from the Society's "SunSmart Code" highlighting the danger of overexposure to the sun and measures the public can take to minimise such exposure. There is now a much greater public awareness and understanding of the health risks associated with both exposure to the sun and the use of tanning devices.

The apparent contradiction between the increase in skin cancers over the period from 1994 to 2010 on the one hand and the reduction in sunbed use indicated by the ICS research on the other hand can most probably be explained by the long latency period often associated with skin cancers - which can take many years to develop and present. The Chief Medical Officer in the Department of Health has advised me that cohorts of the adult population who are at increased risk from UV radiation can best be dealt with by way of regulation rather than a prohibition. My Department has also been advised that prohibition on certain skin types would, in all likelihood, be incompatible with equality legislation.

I can confirm that the forthcoming Public Health (Sunbeds) Bill will make it an offence to sell or hire a sunbed to a person under 18 years of age or allow such a person to use a sunbed on a sunbed premises. A test purchasing provision will also be set out in the Bill to support enforcement of the prohibition on the sale or hire of a sunbed to a person under 18 years of age or to allow such a person to use a sunbed on a sunbed premises. Breaches of this core provision will result in prosecution and very significant penalties will be available to the courts in cases of non-compliance.

In addition to this prohibition on sunbed businesses from permitting persons under 18 years of age from using or hiring a sunbed, the legislation will also set out a comprehensive range of measures to promote a greater public awareness across all age groups of the dangers of developing skin cancer, premature aging and eye damage from exposure to ultraviolet radiation (UVR). Key provisions in the Bill will include:-

(i) a prohibition on anyone under 18 years of age using a sunbed on a sunbed premises;

(ii) a prohibition on the sale to or hire of sunbeds to anyone under 18 years of age;

(iii) a prohibition on the unsupervised use of sunbeds in a sunbed premises;

(iv) an exemption for medical purposes;

(v) control on the remote sale or hire of sunbeds (internet transactions);

(vi) sunbed operators, sellers and hirers will be required to notify the HSE;

(vii) a requirement that sunbed operators provide training for staff;

(viii) an enforcement regime and the imposition of penalties for non-compliance;

(ix) an obligation on all sunbed operators to provide protective eye wear to users;

(x) a requirement that warning signs be displayed in all sunbed premises;

(xi) a prohibition on certain promotional marketing practices;

(xii) a requirement on operators to ensure that sunbed users are made fully aware of the potential dangers of sunbed use; and a related provision whereby sunbed users are required to sign to confirm that they have been made so aware.

On the matter of the research commissioned by the ICS, this survey indicated that, at most, 7 people in a sample of 1,000 aged between 15 and 24 had used a sunbed in 2010. From this, an estimated national figure of 28,000 was indicated for sunbed use in the 15-24 age category. While it is difficult to conclusively estimate a national usage figure from such a sample, it is important to point out that the 4% of respondents who used a sunbed in 2010 represents a reduction from 9% in 2003 (a 55% reduction on the 2003 figure). The percentage of the 15-24 age category who use sunbeds is 5% and this has reduced from 10% in 2007 (a 50% decrease on the 2007 figure).

In summary, the research indicates that significant reductions in the use of sunbeds have been recorded over the past number of years. Greater public awareness of the risks of sunbed use has been an important factor in this regard and the ICS is to be complimented for their work in promoting public awareness of the dangers associated with over-exposure to the sun and from sunbed use. The forthcoming sunbed legislation will build on this process and I am delighted to be in a position to confirm that my Department expects to complete the drafting of this legislation within the next 6-8 weeks. The legislation has been accorded priority drafting status and officials of my Department are working closely with the Office of the Parliamentary Counsel to complete the necessary drafting work. Once the drafting is completed, the legislation must be notified to the EU Commission under the EU Transparency Directive prior to its publication and initiation of the Bill in the Oireachtas. This EU notification requirement will necessitate a minimum of three months to complete.

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