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© Chris Radburn/PA WireLegislation to ban smoking in cars where children are present will be ready in the next number of weeks, Minister for Health James Reilly said today.
Legislation to ban smoking in cars where children are present will be ready in the "next number of weeks", Minister for Health James Reilly said today.

There were "major difficulties" in preparing the legislation because of the many departments involved and a "whole host of issues" which had not been foreseen.

"One last issue" to be resolved was a "finer legal point" which the Attorney General was dealing with, he said. "I think they are nearly there and I look forward to it very shortly".

Dr Reilly was speaking as he attended a conference at the Royal College of Physicians of Ireland to mark the 10 year anniversary of the introduction of workplace smoking legislation in Ireland.

"Nobody has the right to harm a child," he said. He had "no doubt" gardaí would be able to enforce the law and there would also be "peer pressure from other drivers."

The move was not about "nanny state" but about "protecting children until they are old enough to make the decision for themselves." He described as "obscene" a situation where a three-year-old child was in a car with an adult smoking.


The Royal College of Physicians called for the measure to be introduced to "prevent serious health problems for the next generation".Research shows children expose to second hand smoke in cars or the home can "suffer from tobacco related illnesses for up to 25 years later," Dr Pat Doorley chair of the RCPI's tobacco policy group said.

The college also called for all publicly funded institutions, schools and childcare facilities to become completely tobacco free. Smoke free third level campuses and sports stadiums would be part of the process of "denormalising cigarettes", Dr Ross Morgan, chairman of anti-smoking group Ash said.

Dr Reilly also threatened to take strong action on selling of cigarettes to children. While laws allow retailers to be banned for three months, in practice they are banned for one day, he said.

Courts exercising discretion "in such a tokenistic way" put the well-being of children at risk , he said. If it continued he would legislate to remove discretion, he added.

The introduction of the smoking ban and plain cigarette packs are a milestone to make Ireland tobacco free with less than 5 per cent by 2025, he said.

The introduction of plain cigarette packaging would happen "as soon as possible" . The Government had to make sure to have "all the legal angles covered" because the tobacco industry would "turn their full might on this country and legislation to block it", he said. He would ensure the industry did not succeed, he said.

Dr Reilly is bringing the Health Identifiers Bill 2013 on the grounds that branded cigarette products act as an inducement to children and teenagers to take up smoking.

Dr Reilly also said he would like to see e-cigarettes being brought in on "purely medicinal advice". The Government would "certainly" ban them for under 18. He was "concerned" about them and said "evidence based" decisions were needed. However he said they had a role in "helping people to quit" the addiction.

Dr Morgan said e-cigarettes should be "included in smoke-free policies" where they exist.