AN BILLE SLÁINTE POIBLÍ (LEAPACHA GRÉINE), 2013 PUBLIC HEALTH (SUNBEDS) BILL 2013 EXPLANATORY MEMORANDUM. Purpose of the Bill

Transcription

1 AN BILLE SLÁINTE POIBLÍ (LEAPACHA GRÉINE), 2013 PUBLIC HEALTH (SUNBEDS) BILL 2013 Purpose of the Bill EXPLANATORY MEMORANDUM The main purpose of the Public Health (Sunbeds) Bill 2013 is to protect the public, in particular children and those under 18 years of age from the risk of skin damage, and the increased risk of developing skin cancer and other health risks including premature ageing and eye damage from exposure to ultraviolet radiation (UVR). The Bill proposes to prohibit operators of sunbed premises from allowing anyone under 18 years of age to use a sunbed on their premises and prohibits the use of sunbeds in unsupervised premises and regulates the use of sunbeds by those over 18 years of age. The Bill also aims to promote a greater public awareness across all age groups of the dangers of developing skin cancer, premature ageing and eye damage and with the long term objective of reducing the incidence of skin cancers. Background There has been a growing body of evidence over recent years, that the use of sunbeds, especially by children, should be restricted because of the associated increased risk of skin cancer and other health problems. In July 2009, the WHO s International Agency for Research on Cancer (IARC) reclassified sunbed use from a Group 2A carcinogen (probably carcinogenic to humans) to a Group 1 carcinogen (carcinogenic to humans). Provisions of the Bill The main provisions are summarised below Section 1 is the interpretation provision, defining terms used in the Bill. Section 2 empowers the Minister for Health to make regulations in relation to any matter or thing prescribed in the Bill. Section 3 outlines the situations when the legislation will apply and provides for an exemption for the use of a source of ultra-violet radiation for phototherapy provided under the supervision or direction of a relevant medical practitioner in a healthcare establishment, or provided elsewhere by that establishment under such supervision or direction. Subsection 3 provides for a definition for the terms used in this section. 1

2 Section 4 provides for a prohibition on permitting the use of a sunbed by a person under 18 years of age on a sunbed premises; selling the use of a sunbed to such a person or on permitting such person in a restricted area (except in the course of employment in the business or the provision of services to the business). It will be an offence for a person to contravene these prohibitions. Subsection (3) provides for a defence for any person who contravenes these prohibitions. Section 5 provides for a prohibition on the sale or hire of a sunbed to a person under 18 years of age. It will be an offence for a person to contravene these prohibitions. Subsection (3) provides for a defence for any person who contravenes these prohibitions. Section 6 provides for a prohibition on the unsupervised use of a sunbed. Subsection (1) provides that the owner or manager of a sunbed business shall not permit a person to use a sunbed unless such sunbed use is supervised by him or her or an employee. It also provides that the owner or manager of a sunbed business shall not employ a person who is under 18 years of age to supervise the use of a sunbed on a sunbed premises. Subsection (2) outlines that a person who is supervising the use of a sunbed shall ensure that the person using the sunbed is over the age of 18 years, that protective eyewear is made available, that a copy of the information prescribed under section 15(1) has been provided to the person proposing to use the sunbed and that the person concerned has had an opportunity to read that information, and, that the form referred to in section 15(2) has been signed by the person who proposes to use the sunbed. It will be an offence to contravene the provisions relating to supervision. Section 7 requires that the owner, manager or employee of a sunbed business shall make protective eyewear available to a person who proposes to use, purchase or hire a sunbed. It also provides that the owner, manager or employee of a sunbed business shall ensure that a person who uses a sunbed on the sunbed premises concerned wears protective eyewear and that single use eyewear must be disposed of after use and multi-use eyewear must be appropriately sanitised before re-use. Subsection (2) requires the owner or manager of a sunbed business to retain, for the purpose of inspection by an authorised officer, documentary evidence that the protective eyewear made available complies with the required standard. It will be an offence to contravene the provisions relating to protective eyewear. Subsection (4) defines the terms used in this section. Section 8 requires the owner or manager of a sunbed business to maintain his/her sunbed premises in good repair and in a clean and hygienic condition and to ensure that any sunbed provided for use on those premises is maintained at all times in a clean and hygienic condition. It will be an offence under subsection (2) to contravene the hygiene provisions. Section 9(1) prohibits offering the use, sale or hire of a sunbed free of charge. Subsection (2) enables the Minister to prescribe as prohibited, certain marketing practices, for the purpose of protecting public health and to reduce the risk to health arising from the use of sunbeds. It will be an offence for a person to offer a sunbed free of charge or to contravene the regulations under subsection (2). Subsection (4) provides for a non-exhaustive definition for the use, sale or hire of a sunbed at reduced prices or free of charge including the awarding of bonus points, loyalty card points, or any similar benefit arising from the use, purchase, sale or hire of a sunbed. 2

3 Section 10 provides for a prohibition on health claims whereby a person shall not publish any material that promotes a claim to any health or other benefit resulting from the use of sunbeds other than information prescribed in this Bill. The owner or manager of a sunbed business shall not make available or display any material that promotes a claim to any health or other benefit resulting from the use of sunbeds other than information prescribed under this Bill. The owner or manager of a website or social media site that promotes the sale, use or hire of sunbeds shall not display any material that promotes a claim to any health or other benefit resulting from the use of sunbeds other than relevant information prescribed under this Bill. Subsection (4) provides for the Minister to prescribe permitted information on claims to any health or other benefit resulting from the use of sunbeds and the manner in which such information may be displayed. It will be an offence for a person to contravene the provisions relating to health claims. Section 11(1) requires that the owner or manager of a sunbed business display warning signs advising of the health risks associated with the use of sunbeds and providing other information as prescribed by the Minister. Subsection (2) provides that owners and managers of websites/social media sites that promote the sale, use or hire of sunbeds meet similar requirements as that outlined in (1). Subsection (3) provides that the warning signs may include information on the adverse health effects of the use of sunbeds and the prohibition on the use of sunbeds by persons under 18 years of age. It will be an offence for a person to contravene the provisions relating to warning signs. Section 12 relates to the remote sale or hire of sunbeds. This section deems that the sale or hire of a sunbed takes place where the order for the sunbed was placed except where the order is taken from a premises outside the State but despatched from a premises within the State. In such cases, the sale or hire is deemed to have taken place from the despatch centre. Section 13(1) requires the Health Service Executive (HSE) to compile and maintain a Sunbed Business Notification List of owners of sunbed businesses. Subsection (2) requires owners of existing sunbed businesses to notify the HSE within 6 months of commencement of this section or as prescribed. Subsection (3) requires owners who intend to carry on a sunbed business (new entrants) to notify the HSE 30 days prior to carrying on the business. Subsection (4) requires owners who are taking over an existing sunbed business to inform the HSE within 30 days of the transfer. Subsection (5) specifies the information which must be provided in the notice to the HSE and enables the Minister to prescribe additional information. Subsection (6) requires that notification be accompanied by a prescribed fee. Subsection (7) enables the Minister to prescribe the form of the notice to the HSE. Subsection (8) requires owners of sunbed businesses to inform the HSE of any changes to the business within 30 days of such a change and the HSE will enter that change on the list. Subsection (9) requires that the HSE enter the information notified to it and assign each of the premises concerned a notification number. Subsection (10) requires the owner or manager of a sunbed business to display the notification number in a form or manner as prescribed. Subsection (11) requires that the owner of a sunbed business pay the fee(s) to the HSE as prescribed under subsection (6) at intervals as prescribed. It will be an offence for a person to contravene the provisions relating to notification. 3

4 Section 14(1) enables the Minister to prescribe training leading to a qualification in the safe use of sunbeds which is recognised within the National Framework of Qualifications and/or an equivalent qualification. Subsection (2) enables the Minister to prescribe, following consultation with Quality and Qualifications Ireland, qualifications to be held by those offering sunbeds for use, sale or hire, the content and learning outcome of training, and records to be retained relating to training for inspection by authorised officers. Subsection (3) outlines the topics that prescribed training may include. Subsection (4) requires the owner or manager to ensure that those supervising sunbed use, or selling or hiring sunbeds have completed the prescribed training and received the prescribed qualification and that such a person undertakes continued professional development as prescribed. Subsection (5) prohibits those who have not completed the prescribed training and have not received the prescribed qualification from supervising sunbed use, or selling or hiring a sunbed. It will be an offence for a person to contravene the provisions relating to training. Section 15(1) enables the Minister to prescribe information on the health effects and other information relating to the use of sunbeds. Subsection (2) requires that the owner, manager or employee provide a copy of the prescribed information, take steps to ensure the potential client read it and understand it and ensure that they sign a form before using a sunbed indicating that they had an opportunity to read and consider the prescribed health information. It further requires the owner or manager not to permit anyone (except in the course of employment in the business or the provision of services to the business) to be in a restricted area unless they have signed this form. Subsection (3) requires the owner or manager to retain the completed forms referred to in subsection (2) for a period of 2 years for inspection by an authorised officer. It will be an offence for a person to contravene the provisions relating to health information. Sections 16 provides that the Health Service Executive (HSE) may appoint persons, including members of its staff, as authorised officers for the purposes of the Bill. Subsection (2) provides that authorised officers appointed by the HSE shall be given a warrant of appointment and shall produce the warrant or copy of it if requested when exercising any power conferred on him or her. Under subsection (3), an appointment as an authorised officer shall cease where the HSE revokes it, on the expiry of a fixed period (where a period is set) or in the case of a member of staff, where he or she ceases to be a member of staff. Section 17 sets out the powers of authorised officers in relation to entering premises, inspecting, securing, copying, removing and retaining records and requiring persons to give information and assistance. The Section provides for samples to be taken and for examination and testing of samples including protective eyewear. Where the authorised officer reasonably considers that protective eyewear does not meet the standard required under section 7, he or she may remove, without payment, such eyewear for further inspection and examination. Where the protective eyewear does not meet the standard required, an authorised officer may destroy such eyewear. The Section prohibits authorised officers from entering a private dwelling except with the consent of the occupier or unless he or she has obtained a warrant from the District Court authorising such entry. The Section empowers authorised officers to apply to a judge of the District Court for a warrant to enter premises. It also permits the judge, if satisfied that there are reasonable grounds that there is information required by the authorised officers, to issue a warrant authorising the officer to enter the premises using 4

5 reasonable force if necessary. The Section provides that authorised officers when exercising any of their powers may be accompanied by such other authorised officers or members of the Garda Síochána or both. The Section makes it an offence to obstruct or impede an authorised officer or to refuse to comply with an officer s request or to give false information to an officer. The Section further provides that the publisher of an advertisement in relation to the sale, hire or use of sunbeds shall if requested by an authorised officer within 12 months of the publication of the advertisement, supply the name and address of the person who procured the advertisement and further makes it an offence for persons to refuse to comply with such requests. Section 18 provides for test purchasing of sunbeds for use on sunbed premises, sale or hire, in accordance with guidelines issued by the Minister for Health following consultation with the Minister for Children and Youth Affairs. Parental or guardian consent in writing will be required in all cases and all reasonable steps must be taken to protect the young person concerned. Section 19 sets out the standard provisions for the service of documents. Section 20 provides that an authorised officer of the Health Service Executive (HSE) who has reasonable grounds for believing that a person is committing, or has committed, an offence under sections 8, 9, 10, 11, 13, 14 or 15 (a relevant offence), may serve a notice in the form prescribed by the section on that person. Where the person pays the prescribed amount to the HSE within 28 days, no prosecution will be initiated. Where the person does not make a payment in accordance with the notice, he or she will be prosecuted for the alleged offence. Payments received by the HSE under the section will be paid into the Exchequer. Section 21 provides that the Health Service Executive shall maintain a list (the Sunbed Non-Compliance List) of the names and addresses of persons on whom fines or penalties have been imposed by a court under the Bill and persons who have made a payment to the HSE pursuant to a fixed payment notice. The HSE may publish all or any part of the Sunbed Non-Compliance List in any form it considers appropriate. Section 22(1) empowers the Health Service Executive to prosecute summary offences under the Bill. Section 22(2) provides that notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, a prosecution for an offence under the Bill may be brought within 12 months from the date of the alleged commission of the offence. Section 22(3) provides that a person who commits an offence under the Bill is liable on summary conviction for a first offence to a Class B fine or imprisonment for up to 6 months or both. The penalty for a second or subsequent offence is a Class A fine or imprisonment for up to 12 months, or both. Section 22(4) deals with offences under the Bill committed by a body corporate and provides for the prosecution of executive officers of a body corporate where an offence is proved to have been committed with their consent, connivance or approval or to have been attributable to any neglect on their part. Section 23 provides that, unless there are special and substantial reasons for doing otherwise, a court shall order a person convicted of an offence under the Bill to pay to the Health Service Executive any costs and expenses which the HSE has incurred in the investigation, detection and prosecution of the offence. 5

6 Section 24 provides for the payment of expenses incurred by the Minister for Health in the administration of the Bill out of moneys provided by the Oireachtas, as may be sanctioned by the Minister for Public Expenditure and Reform. Section 25 is the short title and commencement. The commencement provision allows the provisions of the Bill to be brought into operation on a phased basis. Samhain, Wt /13. Clondalkin. (42099). Gr