Home > Seanad Éireann debate. Protection of Children's Health from Tobacco Smoke Bill 2012: Report and Final Stages.

[Oireachtas] Seanad Éireann debate. Protection of Children's Health from Tobacco Smoke Bill 2012: Report and Final Stages. (17 Apr 2014)

External website: https://www.oireachtas.ie/en/debates/debate/seanad...

An Cathaoirleach: I welcome the Minister for Health, Deputy James Reilly. Before we commence, I remind Senators that a Senator may speak only once on Report Stage, except the proposer of an amendment who may reply to the discussion on the amendment. Amendment No. 1 is a Government amendment which arises out of committee proceedings.   

Government amendment No. 1:

In page 3, lines 7 to 12, to delete all words from and including "AMEND" in line 7 down to and including line 12 and substitute the following: "create an offence of smoking a tobacco product in the presence of a child in a mechanically propelled vehicle; and to provide for related matters.".  

Minister for Health (Deputy James Reilly):  Tá áthas orm bheith anseo inniu le haghaidh na díospóireachta ar an mBille seo. This amendment sets out the Long Title to the Bill. The Senators' Bill has been presented as an amendment to the Public Health (Tobacco) Act 2002 and, as the Senators' know, I have been very supportive of this. The Senators' Bill seeks to amend section 47 of that Act which prohibits the smoking of tobacco products in the workplace. I propose that the provisions to prohibit smoking in cars with children present should be set out in a stand-alone Bill for a number of reasons.   The privately-owned car does not represent a workplace and it is not appropriate that it be included in section 47. The enforcement officers of this provision will be members of An Garda Síochána and not HSE environmental officers, as currently set out in the Public Health (Tobacco) Acts. The penalties outlined for the offence in the Senators' Bill are set out as fixed charge notices and are quite distinct from the penalties already set out in the Public Health (Tobacco) Acts. Bearing these factors in mind, it is more appropriate for the Bill to be presented as stand-alone legislation as its operation does not rely on provisions from existing tobacco legislation and for those reasons, I commend this amendment to the House.....

[For the full debate, click on the link above] 

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