Committee for Health, Social Services and Public Safety - 2007-2011 Mandate

Report on the Sunbeds Bill (NIA 18/09)

Report on the Sunbeds Bill.pdf (7.82 mb)

Health, Social Services and Public Safety Committee

Report on
the Sunbeds Bill (NIA 18/09)

Together with the Minutes of Proceedings, Minutes of Evidence
and Written Submissions Relating To The Report

Ordered by Health, Social Services and Public Safety Committee to be printed 12 October 2010
Report: NIA 77/09/10R Health, Social Services and Public Safety Committee

Session 2010/2011

First Report

Membership and Powers

The Committee for Health, Social Services and Public Safety is a Statutory Departmental Committee established in accordance with paragraphs 8 and 9 of the Belfast Agreement, section 29 of the Northern Ireland Act 1998 and under Standing Order 48.

The Committee has power to:

Consider and advise on Departmental budgets and annual plans in the context of the overall budget allocation;
Consider relevant secondary legislation and take the Committee stage of primary legislation;
Call for persons and papers;
Initiate inquiries and make reports; and
Consider and advise on any matters brought to the Committee by the Minister for Health, Social Services and Public Safety

The Committee has 11 members including a Chairperson and Deputy Chairperson and a quorum of 5.

The membership of the Committee is as follows:

Mr Jim Wells (Chairperson) ⁴
Mrs Michelle O'Neill (Deputy Chairperson)

Mrs Mary Bradley ^3,11
Mr Sam Gardiner ²
Mr Paul Girvan ^5,9,13
Mr John McCallister
Dr Kieran Deeny
Mr Mickey Brady ^1,12
Mr Alex Easton
Ms Sue Ramsey
Mr Tommy Gallagher ^8,10

¹With effect from 20 May 2008 Mrs Claire McGill replaced Ms Carál Ní Chuilín.

²With effect from 15 September 2008 Mr Sam Gardiner replaced Rev Dr Robert Coulter.

³With effect from 29 June 2009 Mrs Dolores Kelly replaced Mr Tommy Gallagher

⁴With effect from 4 July 2009 Mr Jim Wells replaced Mrs Iris Robinson

⁵With effect from 14 September 2009 Mrs Iris Robinson replaced Mr Thomas Buchanan

⁶With effect from 12 January 2010 Mrs Iris Robinson resigned as an MLA

⁷With effect from 15 January 2010 Mrs Carmel Hanna resigned as an MLA

⁸With effect from 26 January 2010 Mr Conall McDevitt replaced Mrs Carmel Hanna

⁹With effect from 1 February 2010 Mr Thomas Buchanan replaced Mrs Iris Robinson

¹⁰With effect from Monday 24 May 2010 Mr Tommy Gallagher replaced Mr Conall McDevitt

¹¹With effect from Monday 24 May 2010 Mrs Mary Bradley replaced Mrs Dolores Kelly

¹²With effect from Monday 13 September 2010 Mr Mickey Brady replaced Mrs Claire McGill

¹³With effect from Monday 13 September 2010 Mr Paul Girvan replaced Mr Thomas Buchanan

Executive Summary

1. The incidences of malignant melanoma skin cancers have nearly trebled in the last 25 years with young skin proving to be particularly vulnerable. The aim of the Sunbeds Bill is to seek to prevent the use of sunbeds by persons under 18 years of age. It is hoped this will encourage behavioural change and, in the longer term, prevent skins cancers. It will also regulate the industry by providing a clear legislative structure to which all sunbed premises will be required to adhere to e.g. conditions for sale or hire of a sunbed, protective eyewear while using sunbeds, training for those operating sunbeds and that all sunbeds for use in sunbed premises should meet required standards.

2. The Committee started its work on the Committee Stage of the Bill on 26 May 2010 and completed it on 12 October 2010. It received 30 written submissions and heard oral evidence from five key stakeholders. The Committee noted that the evidence was overwhelming in favour of the Sunbeds Bill although a few keys issues did emerge.

3. The first key issue was that of licensing. Licensing would require all commercial sunbed premises, or operators of such premises, and those that hired or sold sunbeds to hold a licence. The Bill, as drafted, allowed for registration only and initially the Department stated that they had not brought forward licensing because of a lack of time to fully develop, consult on and include the details of such a scheme in the Bill. However, after listening to the concerns of the Committee and other MLAs during the second stage debate, the Minister in his response indicated he would reconsider the position. Subsequently he wrote to the Committee with a proposed amendment to allow for licensing. The amendment would allow that licensing and / or registration would be options in the Bill which could be enabled at a later date. Two forms of licensing are allowed for in the amendment, (i) licensing of the sunbed premises or (ii) licensing of the operator of the sunbed premises.

4. The second key issue explored by the Committee concerned the level of fines and fixed penalties. Given the lack of licensing, the Committee felt that the only real deterrent in the Bill was fines and fixed penalties. The concerns of the Committee were that the level of fines (£200 – £2,500) and fixed penalties were not appropriate. The smallest of the fixed penalties was suggested at £50. Subsequently, the Department indicated to the Committee that the Minister proposed to table amendments to increase the level of fine on each clause to level 5 (£5,000). The Department also indicated that it would consult with key stakeholders on the level of fixed penalties before they are introduced. In only one clause, clause 7 does the fine stay at level 1.

5. Another issue raised was whether the person who buys or hires a sunbed for use in a private home should be obliged to ensure that it is not used by a person under 18 years. The Committee noted that the Department had considered the possible use of the Children (Northern Ireland) Order 1995, if a child came to harm from using a sunbed in a private home. The Committee recognised that this aspect would be particularly difficult to police. Nevertheless, it felt that it would be useful if the hirer or seller of a sunbed had at least the responsibility to put a notice on the sunbed indicating that people under 18 should not use the sunbed. To address these issues, the Department proposed a series of amendments which will subject the seller or hirer of a sunbed to similar requirements as those operating commercial sunbed premises. Hirers and sellers will be required to provide protective eyewear, ensure sunbeds sold or hired meet the same commercial requirements and undertake training (which is still to be developed). Additionally they would be required to display and provide information, such as stickers on the sunbed indicating that person under 18 should not use the sunbed – thus raising parental awareness.

6. The Bill allows that enforcement will be carried out by local authorities. An issue raised by local authorities was that of enforcement of clause 1. It was noted that the council official may have to prove that the person under 18 was actually used the sunbed and this could be difficult. It was suggested that the creation of a "restricted zone" may be a way forward.

7. The "restricted zone" concept relies on persons under 18 being prohibited from entering a space or room – the zone – where the sunbed is except for work related or other specified purposes. The Department agreed with the restricted zone concept and have proposed an amendment allowing for it.

8. The final issue discussed briefly by the Committee concerned the possibility of an outright ban on people over 18 years with skin type 1. The Committee, after deliberating on this issue with departmental officials, decided not to pursue this issue any further.

Introduction

1. The Sunbeds Bill (NIA 18/09) was referred to the Committee in accordance with Standing Order 33 on completion of the Second Stage of the Bill on 25 May 2010.

2. The Minister for Health, Social Services and Public Safety made the following statement under section 9 of the Northern Ireland Act 1998: "In my view the Sunbeds Bill would be within the legislative competence of the Northern Ireland Assembly."

3. The stated purpose of the Bill is the prevention of the use of sunbeds by persons under 18 years of age. The Bill is also intended to ensure that those over 18 years of age who intend to use sunbeds are better informed about the health risks of doing so. The purpose of the Sunbeds Bill is to provide a clear legislative framework to which all sunbed premises will be required to adhere.

4. During the period covered by this Report, the Committee considered the Bill and related issues at six meetings. The relevant extracts from the Minutes of Proceedings for these meetings are included at Appendix 1.

5. The Committee had before it the Sunbeds Bill (NIA 18/09) and the Explanatory and Financial Memorandum that accompanied the Bill. On referral of the Bill the Committee wrote on 26 May 2010 to key stakeholders and inserted public notices in the Belfast Telegraph, Irish News, and News Letter seeking written evidence on the Bill by 11 June 2010.

6. A total of 30 organisations responded to the request for written evidence and a copy of the submissions received by the Committee are included at Appendix 3.

7. Following the introduction of the Bill the Committee took evidence from departmental officials about the policy behind the Bill and its general provisions on 3 June 2010. The Committee took evidence from the Ulster Cancer Foundation/ Northern Ireland Melanoma Strategy Implementation Group and Royal College of Nursing on 10 June 2010 and the Sunbeds Association and the Chief Environmental Health Officers Group on 17 June 2010. The Committee took further evidence from departmental officials on 24 June 2010. The Minutes of Evidence are included at Appendix 2.

8. At its meeting on 10th June 2010 the Committee agreed a Motion to extend the Committee Stage of the Bill to 4th November 2010. The Motion to extend was supported by the Assembly on 22nd June 2010.

9. The Committee carried out clause by clause scrutiny of the bill on 14 September 2010. At its meeting on 12 October 2010 the Committee agreed its report on the Bill and that it should be printed.

Consideration of the Bill

Background

10. Skin cancer is the most common cancer in Northern Ireland and in the last 25 years the incidences of malignant melanoma skin cancers has nearly trebled. Today skin cancer accounts for nearly 28% of all individuals diagnosed with cancer. It is estimated that around 100 people in the UK die from melanomas that are due to sunbed use.

11. Credible evidence showed a link between the exposure to ultraviolet (UV) radiation and skin cancer. Indeed, other health risks such as damage to eyes, photodermatosis, photosensitivity and premature skin aging can also be linked to UV exposure.

12. Such UV exposure can come from natural sunlight or artificial tanning devices. Research showed that using sunbeds before the age of 35 can increase the risk of developing melanoma skin cancer by up to 75%. It is now the most common cancer in 15-34 years old. The risk to those under 35 years and particularly for children is considered to be such that they should be discouraged from using sunbeds.

13. The aim of the Bill is to address some of the issues around the lack of regulation of sunbeds. As younger skin is at particular risk, the key policy aim of the Bill is to prevent the use of sunbeds by persons under 18 years of age. A second crucial objective is to ensure that those who chose to use sunbeds are well informed about the possible health risks. It is hoped that the increase in knowledge by the general public will encourage behavioural change.

14. The Bill also seeks to provide a clear legislative structure to which all sunbed premises will be required to adhere to e.g. conditions for sale or hire of a sunbed, protective eyewear while using sunbeds, training for those operating sunbeds, and that all sunbeds for use in sunbed premises should meet required standards.

15. The sunbed industry is largely unregulated. Those organisations that belong to the UK Trade Association, The Sunbed Association, do follow a voluntary code of practice. However, in Northern Ireland, the large majority of operators, up to 80%, do not belong to the Sunbed Association. The lack of regulation, particularly at the bottom end of the market, is worrying.

16. It is hoped that the measures in the Bill will assist in the prevention of skin cancers, reduce treatments and prevent deaths. This could, in the longer term, convert into savings for the health service in Northern Ireland.

17. The duty to enforce the legislation will be given to local authorities. Each local authority will be required to ensure that sunbed operators adhere to the duties in the Bill. The Department will have powers to further regulate and impose further conditions.

18. The Bill has 20 clauses and 2 schedules. The section dealing with offences consists of 11 clauses and covers the prohibition of the use, sale or hire of a sunbed to persons under the age of 18.

19. The enforcement aspect covers 4 clauses and relates to the enforcement of provisions of the Bill, outlines fixed penalties for particular offences, deals with the obstruction of officers in exercise of their functions under the Bill and provides for the registration of sunbed premises.

20. The final sector covers general aspects and consists of 5 clauses dealing with offences committed by corporate bodies and makes provisions in respect of subordinate legislation. It also sets out the title, commencement dates and includes interpretation provisions.

21. Schedule 1 sets out the enforcement powers available to authorised officers and Schedule 2 deals with fixed penalties.

Key Issues

Licensing

22. The possibility of a licensing scheme was the major issue discussed during both the second stage debate and the Committee Stage of the Bill. Licensing would require all commercial sunbed premises or operators of such premises, and those that hired or sold sunbeds, to hold a licence.

23. The Bill, as introduced, did not allow for licensing. It allowed for registration. Clause 15 provided that district councils could register premises which are being used, or in which it is the intention to use, as sunbed premises; or on which the sale or hire of sunbeds takes place or is proposed to take place. Regulations would also allow district councils to prohibit the use of premises which are not registered in compliance with regulations.

24. The Committee heard from departmental officials that licensing had been considered but not brought forward due to a lack of time. Time constraints regarding the drafting of the Bill meant that, it was initially thought that there was insufficient time to properly consult on and develop a licensing scheme. The officials noted that licensing was such a key principle and feature that the details of what ever scheme was chosen should be included in the Bill.

25. However, considerable concern was expressed by Committee members and, by other MLAs during the second stage debate. The Committee felt that without licensing the Bill lacked teeth. Indeed this sentiment was echoed by practically all who submitted evidence to the Committee. For example, in its written submission to the Committee the Ulster Cancer Foundation stated (see appendix 3);

"Whilst welcoming the Department's proposal on registration we feel that a more robust approach would be achieved through the use of licensing".

26. The British Association of Dermatologists in its written evidence (see appendix 3) stated

"…the registration scheme should be developed into a compulsory, self-financing licensing scheme. It is our view that it is imperative that salons that fail to comply should be subject to an outright ban on providing sunbeds, as would be possible through a licensing scheme. We feel that this provision is lacking elsewhere in the UK where similar legislation has already been introduced, and there is an opportunity for Northern Ireland to take leadership in this area."

27. The Committee were therefore pleased when the Minister, in a letter dated 14th June, indicated that he had reconsidered and would bring forward an amendment to allow for licensing. The amendment would provide that licensing could be introduced by secondary legislation under the affirmative procedure at a later date (see appendix 4). The Committee recognised the difficulties in bringing forward a major amendment such as licensing. Those who had an interest in the regulation of sunbeds may have looked at the Bill, seen no licensing and paid little further attention as it progressed through the Assembly. They would be unaware of the amendment which substantially changed the character of the Bill.

28. The Committee noted that the amendment is enabling legislation, allowing for licensing by subordinate legislation and subject to Affirmative Resolution. This will provide a means by which the Department can properly consult with those potentially affected by a licensing scheme on the details of the scheme before bringing it to the Committee and hence on to the full Assembly for approval.

Levels of fines and fixed penalties

29. Closely linked to the licensing issue is the level of fines and fixed penalties. The Committee noted that the Bill allowed for fines of between 1 to 4 under the Fines and Penalties (Northern Ireland) Order 1984. This is a standard scale for offences punishable on summary conviction. As of the date of publication of this report the level of fines are:-

Level on the scale	Amount of fine
1	£200
2	£500
3	£1,000
4	£2,500
5	£5,000

30. The Committee considered the level of fines and noted that in clauses 1, 2, 4, 5, 6, 8, 9 and 10 the fine was set at level 3 or 4 and not level 5. The Committee felt that fine levels of £200 to £2,500 were not sufficient to act as deterrents. This was echoed by much of the evidence supplied to the Committee. In its written evidence to the Committee, the British Association of Dermatologists stated (see appendix 3)

"Fines ranging from as little as £200 to £2500 will not, in our view, provide an adequate deterrent to some sunbed operators, given the potential profitability of providing sunbeds facilities outwith the restrictions provided for in the Bill, such as to persons aged under 18."

31. The Committee was pleased that the Department indicated in oral evidence on 24th June 2010 that it would table an amendment bringing all fines up to level 5 (see appendix 2). The Committee noted that it would support these amendments. Clause 7 was the one exception to this.

32. In clause 7 the fixed penalty will remain at level 1. Clause 7 will prohibit the provision or display of information or material containing statements relating to the health effects of sunbeds other than the information provided by the Department. This clause is designed to prevent misleading health claims. Written evidence from the Northern Ireland Human Rights Committee, seen by the Committee on 24th June 2010, indicated that this fine was proportionate. Lacking confidence that a higher fine would be proportionate, the Department proposed to leave it at level 1. The Committee concurred (see appendix 2).

33. The Committee had no objection to the concept of fixed penalties. However the Committee was concerned that an operator may be able to discharge the offence through payment of a fixed penalty. It listened carefully to oral evidence from the Chief Environmental Health Officers Group who indicated that there was support for fixed penalties due to the time, money and effort that can be spend on legal proceeding – often with limited result.

34. Initial documentation from the Department indicated that the fixed penalties could be from £50 to £100. The Committee considered this too low especially for the offence of an operator allowing an under 18 to use a sunbed. There was concern in the Committee that, at this level, an operator would consider fixed penalties almost as an operating expense.

35. Oral evidence from the Chief Environmental Health Officers Group on 17th June 2010 indicated (see appendix 2) :-

"We believe that fixed penalty notices can be useful, but there can be a contradiction in terms. There is a question over whether it is appropriate to use fixed penalty notices in health protection legislation. However, if fixed penalties are set at a reasonable level, and their issue leads to the premises accepting that they have done something wrong, that is an appropriate sanction. Prosecution is still available to the enforcing authority for premises that do not use a fixed penalty notice as an appropriate warning to improve their practice. It is important that there should be some debate about setting fixed penalties at an appropriate level."

36. The Department indicated in its letter to the Committee of 17th June that it would take into account the concerns of the Committee when deciding what level of fixed penalties to propose in the subordinate legislation and that it would also consult on these levels as part of the subordinate legislation process (see appendix 4).

37. The Committee welcomed the commitment from the Department to consult on the level of fixed penalties.

Use of Sunbeds by children in private homes

38. The second stage debate raised the issue of whether a person who buys or hires a sunbed for their own personal use in their home should have any specific duty to ensure that it is not used by a child. The main concern centred on the possibility that a person under 18 could have use of a sunbed in a home where it had been hired or bought.

39. It recognised that there were difficulties in regulating what happened in a private home – not least whether such regulation should happen at all or how far they should go. The Committee were satisfied to note that the Department had explored how the Children (Northern Ireland) Order 1995 could be used if a child came to harm from using a sunbed i.e. sustained serious burns from use of the sunbed. Full details can be found in a letter from the Department to the Committee dated 17th June (see appendix 4).

40. The Committee also thought that it would be useful if the hirer or seller of a sunbed had, at least, the responsibility to put a notice on the sunbed indicating that people under 18 should not use the sunbed.

41. The Department's response to the concerns of the Committee was very comprehensive. It proposed a series of amendments which would subject the seller or hirer of a sunbed to similar requirements as those operating commercial sunbed premises. Sellers and hirers of sunbeds would have to provide protective eyewear, meet the same training requirements, and the sunbeds which are sold or hired would have to meet the same technical requirements as those in sunbed premises.

42. Importantly, an amendment to the information displayed and provided will allow for information other than health information to be displayed and provided. For example, the proposed amendment would allow a notice about legal restrictions on use by under 18s to be provided to the buyer or hirer of a sunbed for personal use. In oral evidence to the Committee on 24th June 2010 (see appendix 2), Departmental Officials indicated:-

"Therefore, every sunbed will have to have a sticker advising people of the health risks and stating that it is illegal for people under the age of 18 to use them. That is where the sticker that you talked about will be placed."

43. The Committee considered and endorsed the approach suggested by the Department.

Restricted Zone and enforcement of clause 1

44. In the Bill, enforcement will be carried out by local authorities. Local authorities may appoint whomever they so choose to do the enforcement although it was recognised that the duty was likely to fall to the Environmental Health Officers. In written evidence from Belfast City Council and oral evidence from the Chief Environmental Health Officers Group, on 17th June, the issue of difficulties in enforcing clause 1 was raised with the Committee. In its written evidence to the Committee, Belfast City Council stated (see appendix 3) :-

"In order for a district council to test for non compliance it would have to prove that a person under 18 years of age used the sunbed thereby exposing that person to dangerous UV radiation. It may be better, as is the case in sunbed legislation in other jurisdictions, to place a duty on the operator to ensure that no person aged under 18 uses or is offered the use of a sunbed. It may also be useful to introduce the concept of a "restricted zone" within premises where sunbeds are in use. Persons under 18 years of age would be prohibited from entering such a "restricted zone"".

45. The Committee agreed with this position and noted that the Department, in oral evidence to it on 24th June, agreed to table an amendment to allow for the concept of "restricted zone". A person under 18 would only be allowed into the restricted zone for work purposes. The example used was a 17 year old electrician apprentice who would be allowed into the restricted zone if he or she was working on a sunbed.

Delegated Powers of the Bill

46. The Committee sought advice from the Examiner of Statutory Rules in relation to powers within the Bill to make subordinate legislation. The Examiner advised that the powers were subject to negative resolution which, for the most part, seemed to be an appropriate level. However, he considered the power to create offences and the power to provide for defences to any offence created by the regulation: there is a strong case for making such regulations subject to draft affirmative procedure. The Committee noted that the proposed amendment to clause 15 and a consequential amendment to clause 17 allowed that such regulations would be subject to draft affirmative procedure.

Commencement Dates for subordinate legislation.

47. The Bill allows for subordinate legalisation governing various features to be introduced at a later date. This included, for example, the information to be provided and displayed, the protective eyewear, training and technical requirements etc.

48. The Bill does not specify dates for the commencement of the subordinate legalisation. Much of the evidence received by the Committee urged that specific dates for commencement be added to the Bill.

49. The Department explained that it is its intention to introduce the subordinate legislation as soon as possible and that officials are already working on the details. Officials have, in public session, indicated to the Committee that they expect most of the subordinate legislation to be introduced within 12 months of the Bill becoming law. However, it resisted putting definitive dates in the Bill for two main reasons. Firstly, work has to be done to develop, for example, the technical requirements for sunbeds and for the training course etc. This work then needs to be consulted on and the outcome of the consultation needs to be incorporated in to the draft subordinate legislation. Secondly, the officials working on this may find themselves diverted to potential crises such as swine flu. If there was a definitive date, in such an event, the Department could be in the position of breaking its own law.

50. However, officials have been very clear that they are already working on aspects of the subordinate legalisation and are very keen to see it brought forward within 12 months of Royal Assent. In oral evidence on 24th June 2010, officials indicated to the Committee:-

"Subordinate legislation should commence within 12 months of Royal Assent. We have to produce regulations and consult on them, consult on the information being issued, make sure that everyone is happy and invite comments. We are working on that."

And

"We aim to do it as quickly as possible, and we are keen to move on. Along with the other Health Departments in the UK, we commissioned the Committee on Medical Aspects of Radiation in the Environment (COMARE) study in the first place. The only reason why I am reluctant to commit to a particular commencement date is that last year, for example, we had swine flu, and it was all hands on deck to deal with that. That forced us to leave other important work temporarily to the side. It is possible that, if something similar happened, we would get shanghaied by that particular pressure. However, we are keen to have most of the Bill enacted and commenced within 12 months, or more quickly if we possibly can."

Prohibit those with skin type 1 from using sunbed.

51. The Committee was aware that the Republic Of Ireland intended to introduce its own legislation to regulate sunbed use in the near future. It became aware that part of this legislation may include an outright ban on sunbed use by people who were over 18 years and who had very fair skin i.e. skin type 1. The Committee discussed the issue with departmental officials at its meeting on 14th September. Officials indicated that this issue had not been consulted on and that substantial research would be required before making a decision on whether the concept was desirable, workable, necessary or possible.

52. Departmental officials stated that the intention was to emphasise the risks associated with using sunbed for people with fair skin in the written information provided. It was noted that the Bill also included a power to introduce compulsory training, when such an accredited training course became available. Such a training course would have to include coverage of the risks associated with fair skin. The Committee agreed that this was a suitable method of addressing this risk and it would keep itself informed of developments in the legislation in the Republic of Ireland.

Summary of Evidence

53. In considering the Bill, the Committee took account of the written and oral evidence received from the range of stakeholders who responded to its call for evidence. It also took oral evidence from Departmental officials who provided additional information and clarification on some of the points raised in the evidence.

General Comments

54. Those who provided evidence to the Committee welcome the introduction of the Sunbeds Bill and strongly support all of the provisions, particularly clause 1 regarding the prevention of under 18s from using sunbeds.

Clause 1: Prohibition on allowing use of sunbeds by persons under 18

55. While there was overwhelming support for the clause, the Ulster Cancer Foundation, the Northern Trust and the Royal College of Nursing raised concerns over the use of sunbeds in private homes. Concerns centred around unregulated and potential use, indeed over use, by people under 18, of sunbeds in a private home.

56. The Committee were content with the information provided by the Department on use of the Children (NI) Order 1995. This makes general provision for parents to protect their children from neglect and abuse.

57. Belfast City Council, in their written evidence, suggested the possibility of introducing the concept of a 'restricted zone' within premises where sunbeds are in use. The Department concurred and proposed an amendment to allow for "restricted zones".

58. The Association of Personal Injury Lawyers and the Committee raised concerns in relation to fixed fine levels. The Department has proposed an amendment to the level for clause 1 changing it from level 4 to level 5.

Clause 2: Prohibition on sale or hire of sunbeds to persons under 18

59. There was widespread support for this clause. Ballymena Borough Council and the Chief Environmental Health Officers Group welcomed the inclusion of the provisions in the Bill dealing with the sale and hire of sunbeds to persons under 18 years of age. However, they raised concern over the phrase "any document appearing to be". The Committee discussed this with the Department who advised that the Office of the Legislative Counsel informed them that the wording is linked to both clause 1(4) and 1(3)(b) "that document would have convinced a reasonable person" and if one is removed, the other would also have to be removed.

60. Castlereagh Borough Council and Lisburn City Council stated in their submissions that they believe that all sunbeds should be clearly labelled with age prohibitions, whether for sale, hire or commercial use. They also stated in evidence that the hirer or seller of sunbeds should establish the age of the customer via photographic ID.

61. The Department has proposed an amendment to the level of fine changing it from level 4 to level 5.

Clause 3: Remote sale or hire of sunbeds

62. All those who provided evidence to the Committee welcomed this clause while recognising the difficulty in enforcement. The Royal College of Nursing indicated that a case could be made for a comprehensive ban on the private sale or hire of sunbeds. While there was some sympathy in the Committee for this viewpoint, it was recognised that such a move may just drive sunbeds underground.

Clause 4: Prohibition on allowing unsupervised use of sunbeds

63. There was concern expressed in many submissions around supervision and what constituted adequate supervision. The Department has noted that the intent behind this clause is to prevent coin operated sunbeds in unsupervised premises which allow people to 'help themselves' to as much sunbed tanning as they wish. This clause should be read in conjunction with other clauses which ensures adequate supervision is provided i.e. that the user has to get protective eyewear, show that they are aged 18 and receive health information etc from trained staff.

64. The Department noted that there currently are no coin operated sunbeds in Northern Ireland. It wants to start this clause as soon as possible to prevent coin operated machines being established.

65. There will be no fixed penalty for clause 4. Anyone who allows the unsupervised use of sunbeds cannot discharge their liability by fixed penalty; they must go straight to court.

66. The Department has proposed an amendment to the level of fine changing it from level 3 to level 5.

Clause 5: Duty to provide information to sunbed users, or buyers, etc

67. There was a general widespread welcome for this clause. Several submissions including those from Ulster Cancer Foundation, The Sunbed Association and Cancer Research UK suggested wording for the information which is to be provided to those using sunbeds. The Department indicated it would take these comments on board when developing the regulations which give effect to this part of the Bill.

68. The Royal College of Nursing and Action Cancer raised the issue of the wording around subsection 11 and requested that the Department amend the wording from 'The Department may' to 'The Department shall'. The Department noted that advice, from the Office of the Legislative Counsel, explained that the purpose in each case of 'The Department may' is to create a power that is needed in order to make the necessary regulations. 'The Department may' is the standard wording used to create such a power.

69. The Department has proposed an amendment to the level of fine changing it from 4 to 5.

Clause 6: Duty to display information notice

70. The majority of evidence supported this clause. Some submissions raised the issue around use of the wording "may or shall" as per clause 5.

71. Many submissions also suggested wording for the proposed display information notice.

72. The Department proposed an amendment that would allow it to prescribe information, other than strictly health information, that has to be displayed in sunbed premises. The Committee were content that this proposed amendment allowed information to be given to people hiring sunbeds for home use to note that it was illegal for under 18s to use the sunbed. The Committee noted, as per its request that every sunbed hired will have a sticker advising people of the health risks and stating that it is illegal for people under 18 to use them.

73. The Department has proposed an amendment to change the level of fine from 4 to 5.

Clause 7: Prohibition on provision or display of other information

74. While this clause was commended by the majority of organisations who submitted evidence, some raised an issue surrounding the level of fine for clause 7. There was a feeling it should be the same as other offences and should be set at level 4 or 5 and not level 1. Written evidence from the Northern Ireland Human Rights Commission noted that the fine level at clause 7 was proportionate therefore the Committee did not pursue this issue.

Clause 8: Protective Eyewear

75. The provision of eyewear was raised by several organisations including the British Medical Association and Association of Personal Injury Lawyers etc. They noted that protective eyewear should be provided to all sunbed users free of charge and that the clause in the Bill should be amendment to allow for this.

76. The Department noted that providing eyewear free of charge was no guarantee that it would be used. Additionally the Committee was concerned that free eyewear would lead to a "use once and dispose" mentality which would be environmentally unfriendly.

77. The Department proposed an amendment to ensure sellers and hirers of sunbeds provide eyewear to their clients and to provide a defence for those sellers and hirers.

78. The Department has also proposed an amendment to subsection 6 of this clause changing the fine level from level 4 to level 5.

Clause 9: Requirements in relation to training

79. All of the evidence noted show support for training. However, many believed that it should be extended to both sellers and hirers of sunbeds as well as those operating on commercial premises. The Department proposed an amendment to this clause to ensure that those persons who sell and hire sunbeds are trained as per those in sunbed premises.

80. Many of those who submitted evidence to the Committee provided opinions on the training. For example, the Royal College of Nursing referenced the training being developed by the Chartered Institute of Environmental Health; The Sunbed Association stated a willingness to offer its training programme as prescribed training which includes an in-house training programme (DVD plus manual) and an online UV training course.

81. Several other evidence providers wished for training certificates to be visible in sunbed premises and for training records to be available for inspection.

82. The Department has proposed an amendment changing the fine level from 4 to 5.

Clause 10: Requirements in relation to sunbeds

83. There was a broad welcome for this clause with some such as the Sunbed Association quoting the EU standard EN60335-2-27, which governs the manufacture and use of UV tanning equipment. The British Medical Association stated that all sunbeds should adhere to the British and European Standards and Cancer Research UK stated that all sunbeds manufactured and sold in the EU should carry a prominent, clear and permanent warning, highlighting the risks associated with use.

84. The Department proposed an amendment to ensure that those sunbeds which are sold and hired meet the same requirements as those in sunbed premises, and to provide a defence for those sellers and hirers.

85. The Department has proposed an amendment changing the fine level from 4 to 5.

Clause 11: Exemption for medical treatment

86. Most of the evidence noted supported for this clause. The Department has proposed an amendment to include a definition of "registered medical practitioner" to subsection 3.

Clause 12: Enforcement by district councils

87. Most of the evidence noted support for this clause. Banbridge District Council welcomed the recognition that Councils are best placed to undertake this regulatory function. Some submissions used commentary on this clause to note the need for a licensing scheme.

Clause 13: Fixed penalties for certain offences

88. Many of the organisations who provided evidence to the Committee, such as Belfast City Council, Ballymena Borough Council and the Chief Environmental Health Officers Group, raised the issue of the severity of fixed penalties. It was felt that offences should be set in line with other jurisdictions and at a suitable level to prevent re-offense. The Department confirmed that the amounts of fixed penalties are subject to subordinate legislation and that they will be consulted on before the regulation is brought forward to the Assembly for approval.

89. The British Psychological Society raised the issue of the lack of fixed penalty for clause 4. The Department have advised that this offence has been excluded from attracting a fixed penalty notice because of its severity and anyone who allows unsupervised use of sunbeds must go straight to court.

Clause 14: Obstruction of officers

90. The Committee did not receive any comments in relation to this clause.

Clause 15: Registration of sunbed premises, etc.

91. Practically all who provided evidence to the Committee asked for an amendment to allow for a licensing scheme. The Minister, early in the Committee stage of the Bill, indicated he would bring forward an amendment to allow for licensing. The Committee was able to inform key stakeholders who provided evidence to the Committee, of the details of the amendment.

92. Most, such as the Chief Environmental Health Officers Group, the Ulster Cancer Foundation, Banbridge District Council and Cancer Research UK, welcomed the proposed amendment to allow the introduction of a licensing scheme and felt that it will provide a robust approach to regulations. The British Association of Dermatologists noted that a licensing scheme would provide Northern Ireland with an opportunity to take leadership in this area and that this would be a far more effective deterrent as local authorities would have the power to revoke licenses and close business that fail to meet the conditions outlined in the Bill.

Clause 16: Offences by bodies corporate, etc.

93. The Committee did not receive any comments in relation to this clause.

Clause 17: Regulations

94. In their submission, the Association of Personal Injury Lawyers stated that although they appreciate that it is not practical to include every detail of the proposals in the legislation they have concerns about the issues which will be addressed by further regulation. The Committee noted that the Department intended to consult on the details and provisions of the subordinate legislation. This should enable stakeholders and those affected to have an opportunity to reply and influence the regulation.

Clause 18: Interpretation

95. The Committee did not receive any comments in relation to this clause.

Clause 19: Commencement

96. The Committee did not receive any comments in relation to this clause.

Clause 20: Short Title

97. The Committee did not receive any comments in relation to this clause.

Schedule 1 – Powers of authorised officers

98. The Committee did not receive any comments in relation to this clause.

Schedule 2 – Fixed Penalties

99. In their written submissions, Ballymena Borough Council and the Chief Environmental Health Officers Group, raised concerns about earlier suggestions from the Department that the fixed penalty amounts may be set at between £50 and £100. Their view is that fixed penalties for offences under this Bill should fall in the range of £250 to £500. The Department has indicated that it will consult on the levels of fixed penalties.

Clause by Clause Consideration of The Bill

100. The Committee undertook its clause by clause scrutiny of the Bill on 14th September 2010 – see Minutes of Evidence in Appendix 2.

Clause 1: Prohibition on allowing use of sunbeds by persons under 18

101. The Committee indicated it was content with the clause as drafted subject to the proposed amendments agreed with the Department providing for the creation of a restricted zone and an increase in the fine level from level 4 to level 5.

Clause 2: Prohibition on sale or hire of sunbeds to persons under 18

102. The Committee indicated it was content with the clause as drafted subject to the proposed amendments agreed with the Department providing for an increase in the fine level from level 4 to level 5.

Clause 3: Remote sale or hire of sunbeds

103. The Committee indicated it was content with the clause as drafted.

Clause 4: Prohibition on allowing unsupervised use of sunbeds

104. The Committee indicated it was content with the clause as drafted subject to the proposed amendment agreed with the Department providing for an increase in the fine level from level 4 to level 5.

Clause 5: Duty to provide information to sunbed users, or buyers, etc

105. The Committee indicated it was content with the clause as drafted subject to the proposed amendments agreed with the Department allowing the Department to prescribe information other than health information to be provided to sunbed users and, an increase in the fine level to level 5.

Clause 6: Duty to display information notice

106. The Committee indicated it was content with the clause as drafted subject to the proposed amendments agreed with the Department allowing the Department to prescribe information other than health information to be displayed in sunbed premises and, an increase in the fine to level 5.

Clause 7: Prohibition on provision or display of other information

107. The Committee indicated it was content with the clause as drafted.

Clause 8: Protective eyewear

108. The Committee indicated it was content with the clause as drafted subject to the proposed amendments agreed with the Department to ensure that sellers and hirers of sunbeds provide eyewear to their clients and to provide a defence for those sellers and hirers, and an increase in the fine to level 5.

Clause 9: Requirements in relation to training

109. The Committee indicated it was content with the clause as drafted subject to the proposed amendments agreed with the Department to ensure that those people who sell and hire sunbeds meet the same training requirements as those in sunbed premises, and to provide a defence for those sellers and hirers, and an increase in the fine to level 5.

Clause 10: Requirements in relation to sunbeds

110. The Committee indicated it was content with the clause as drafted subject to the proposed amendments agreed with the Department to ensure that those sunbeds which are sold and hired meet the same requirements as those in sunbed premises, and to provide a defence for sellers and hirers, and an increase in the fine to level 5.

Clause 11: Exemption for medical treatment

111. The Committee indicated it was content with the clause as drafted subject to the proposed amendment agreed with the Department to include a definition of "registered medical practitioner".

Clause 12: Enforcement by district councils

112. The Committee indicated it was content with the clause as drafted.

Clause 13: Fixed penalties for certain offences

113. The Committee indicated it was content with the clause as drafted.

Clause 14: Obstruction of officers

114. The Committee indicated it was content with the clause as drafted subject to the proposed amendment agreed with the Department to increase the fine to level 5.

Clause 15: Registration of sunbed premises, etc.

115. The Committee indicated it was content with the clause as drafted subject to the proposed amendment agreed with the Department to replace the clause to allow regulations to be made for the registration or licensing of sunbed premises and /or operators including those premises which sell or hire sunbeds.

Clause 16: Offences by bodies corporate, etc

116. The Committee indicated it was content with the clause as drafted.

Clause 17: Regulations

117. The Committee indicated it was content with the clause as drafted subject to the proposed amendment agreed with the Department to ensure that regulations made under clause 15 (registration or licensing) must be laid before, and approved by a resolution, of the Assembly.

Clause 18: Interpretation

118. The Committee indicated it was content with the clause as drafted.

Clause 19: Commencement

119. The Committee indicated it was content with the clause as drafted.

Clause 20: Short title.

120. The Committee indicated it was content with the clause as drafted.

Schedule 1

121. The Committee indicated it was content with the schedule as drafted.

Schedule 2

122. The Committee indicated it was content with the schedule as drafted.

Appendix 1

Minutes of Proceedings
of the Committee
Relating to the Report

Thursday, 3 June 2010
Room 30, Parliament Buildings

Present: Mr Jim Wells MLA (Chairperson)
Mrs Mary Bradley MLA
Mr Thomas Buchanan MLA
Dr Kieran Deeny MLA
Mr Alex Easton MLA
Mr Tommy Gallagher MLA
Mr Sam Gardiner MLA
Mr John McCallister MLA
Mrs Claire McGill MLA
Ms Sue Ramsey MLA

In Attendance: Mrs Stella McArdle (Clerk)
Mr Mark McQuade (Assistant Clerk)
Mr Neil Sedgewick (Clerical Supervisor)
Mrs Jessica Golden-Alexander (Clerical Officer)
Mr Craig Mealey (Clerical Officer)

Apologies: Mrs Michelle O'Neill MLA (Deputy Chairperson)

2.00 p.m The meeting commenced in public session

8. Briefing on the Sunbeds Bill from Assembly Research

The Committee discussed a briefing paper from Assembly Research on the Sunbeds Bill.

9. Evidence session with Departmental officials on the Sunbeds Bill

The Committee took evidence from

Ms Julie Stewart Health Protection Branch, DHSSPS

Mr Seamus Camplisson Health Protection Branch, DHSSPS

Mr Craig Allen Legislation Equality Branch, DHSSPS

A question and answer session ensued. The Chairperson thanked the witnesses for attending.

[Extract]

Thursday, 10 June 2010
Room 30, Parliament Buildings

Present: Mr Jim Wells MLA (Chairperson)
Mrs Mary Bradley MLA
Mr Alex Easton MLA
Mr Tommy Gallagher MLA
Mr Sam Gardiner MLA
Mr John McCallister MLA
Mrs Claire McGill MLA
Mrs Michelle O'Neill MLA (Deputy Chairperson)

In Attendance: Mrs Stella McArdle (Clerk)
Mr Mark McQuade (Assistant Clerk)
Ms Leanne Johnston (Clerical Supervisor)
Mr Neil Sedgewick (Clerical Supervisor)
Mrs Jessica Golden-Alexander (Clerical Officer)
Mr Craig Mealey (Clerical Officer)

Apologies: Mr Thomas Buchanan MLA
Dr Kieran Deeny MLA
Ms Sue Ramsey MLA

2.00 p.m The meeting commenced in public session

5. Sunbeds Bill

Evidence session with the Ulster Cancer Foundation and Northern Ireland Melanoma Strategy Implementation Group

The Committee took evidence from

Mr Tom Crossan Chair Northern Ireland Melanoma Strategy Implementation Group

Ms Sandra Gordon Ulster Cancer Foundation Melanoma Strategy Co-ordinator

A question and answer session ensued. The Chairperson thanked the witnesses for attending.

Evidence session with the Royal College of Nursing

The Committee took evidence from

Ms Janice Smyth Director, Royal College of Nursing, Northern Ireland

Dr John Knape Head of Communications, Royal College of Nursing, Northern Ireland

A question and answer session ensued. The Chairperson thanked the witnesses for attending.

[Extract]

Thursday, 17 June 2010
Seminar Room, Cancer Research Unit,
Queens University Belfast

Present: Mr Jim Wells MLA (Chairperson)
Mr Thomas Buchanan MLA
Dr Kieran Deeny MLA
Mr Alex Easton MLA
Mr Tommy Gallagher MLA
Mr Sam Gardiner MLA
Mr John McCallister MLA
Mrs Claire McGill MLA
Mrs Michelle O'Neill MLA (Deputy Chairperson)
Ms Sue Ramsey MLA

Apologies: Mrs Mary Bradley MLA

2.11 p.m The meeting commenced in public session

5. Sunbeds Bill

2.40 p.m. Mr John McCallister joined the meeting.

The Committee noted a tabled letter from the Minister regarding the amendments he would make including allowing for either a registration or licensing scheme. The Committee agreed to forward a clause by clause analysis table to the Department for information.

Evidence session with the Sunbeds Association

The Committee took evidence from

Ms Kathy Banks the Sunbed Association

A question and answer session ensued. The Chairperson thanked the witness for attending. The Committee agreed to write to the Northern Ireland MEP's regarding the legislation.

2.57 p.m. Mr Tommy Gallagher left the meeting.

3.06 p.m. Mr Tommy Gallagher rejoined the meeting.

3.22 p.m. Mrs Michelle O'Neill left the meeting.

3.26 p.m. Ms Sue Ramsey left the meeting.

3.38 p.m. Mrs Michelle O'Neill rejoined the meeting.

3.40 p.m. Ms Sue Ramsey rejoined the meeting.

Evidence session with the Chief Environmental Health Officers Group

The Committee took evidence from

Mr Sean Martin Head of Environmental Health Larne Borough Council

A question and answer session ensued. The Chairperson thanked the witness for attending.

[Extract]

Thursday, 24 June 2010
Room 30, Parliament Buildings

Present: Mr Jim Wells MLA (Chairperson)
Mrs Mary Bradley MLA
Mr Thomas Buchanan MLA
Dr Kieran Deeny MLA
Mr Alex Easton MLA
Mr Sam Gardiner MLA
Mr John McCallister MLA
Mrs Claire McGill MLA
Ms Sue Ramsey MLA

In Attendance: Mrs Stella McArdle (Clerk)
Mr Mark McQuade (Assistant Clerk)
Mr Neil Sedgewick (Clerical Supervisor)
Mrs Jessica Golden-Alexander (Clerical Officer)
Mr Craig Mealey (Clerical Officer)

Apologies: Mr Tommy Gallagher MLA
Mrs Michelle O'Neill MLA (Deputy Chairperson)

2.01 p.m The meeting commenced in public session

9. Evidence session on the Sunbeds Bill NIA 18/09

The Committee took evidence from

Mr Craig Allen Legislation Equality Branch, DHSSPS

Mr Seamus Camplisson Health Protection Branch, DHSSPS

Mr Nigel McMahon Chief Environmental Health Officer, DHSSPS

Ms Julie Stewart Health Protection Branch, DHSSPS

The Committee considered each of the Bills clauses

Clause 1 - Prohibition on allowing use of sunbeds by persons under 18

The Committee were content with amendments to the clause proposed by the Department.

Clause 2 - Prohibition on sale or hire of sunbeds to persons under 18

The Committee were content with the clause.

Clause 3 - Remote sale or hire of sunbeds

The Committee were content with the clause.

Clause 4 - Prohibition on allowing unsupervised use of sunbeds

The Committee were content with the clause.

Clause 5 - Duty to provide information to sunbed users, or buyers etc.

The Committee were content with amendments to the clause proposed by the Department.

Clause 6 - Duty to display information notice

The Committee were content with the clause.

Clause 7 - Prohibition on provision or display of other information

The Committee were content with the clause.

Clause 8 - Protective eyewear

The Committee were content with amendments to the clause proposed by the Department.

Clause 9 - Requirements in relation to training

The Committee were content with amendments to the clause proposed by the Department.

Clause 10 - Requirements in relation to sunbeds

The Committee were content with amendments to the clause proposed by the Department.

Clause 11 - Exemption for medical treatment

The Committee were content with amendments to the clause proposed by the Department.

Clause 12 - Enforcement by district councils

The Committee were content with the clause.

Clause 13 - Fixed penalties for certain offences

The Committee were content with the clause.

Clause 14 - Obstruction of officers

The Committee were content with the clause.

Clause 15 - Registration of sunbed premises, etc.

The Committee were content with amendments to the clause proposed by the Department.

Clause 16 - Offences by bodies corporate etc.

The Committee were content with the clause.

Clause 17 – Regulations

The Committee were content with amendments to the clause proposed by the Department.

Clause 18 – Interpretation

The Committee were content with the clause.

Clause 19 – Commencement

The Committee were content with the clause.

Clause 20 - Short title

The Committee were content with the clause.

Schedule 1 - Powers of authorised officers

The Committee were content with the schedule.

Schedule 2 - Fixed penalties

The Committee were content with the schedule.

The Chairperson thanked the witnesses for attending.

[Extract]

Tuesday, 14 September 2010
Room 29, Parliament Buildings

Present: Mr Jim Wells MLA (Chairperson)
Mrs Mary Bradley MLA
Mr Alex Easton MLA
Mr Tommy Gallagher MLA
Mr Sam Gardiner MLA
Mr Paul Girvan MLA
Mr John McCallister MLA
Mrs Michelle O'Neill MLA (Deputy Chairperson)
Ms Sue Ramsey MLA

In Attendance: Mrs Stella McArdle (Clerk)
Dr Kathryn Bell (Clerk)
Mr Mark McQuade (Assistant Clerk)
Ms Leanne Johnston (Clerical Supervisor)
Mr Neil Sedgewick (Clerical Supervisor)
Mr Craig Mealey (Clerical Officer)

Apologies: Mr Mickey Brady MLA

12.30 p.m. The meeting commenced in public session.

3. Clause by clause consideration of the Sunbeds Bill NIA 18/09

The Committee noted correspondence from Mrs Diane Dodd MEP and Mr Jim McAllister MEP on the Sunbed Legislation.

The following witnesses attended:

Mr Craig Allen Legislation Equality Branch, DHSSPS

Mr Seamus Camplisson Health Protection Branch, DHSSPS

Mr Nigel McMahon Chief Environmental Health Officer, DHSSPS

Ms Julie Stewart Health Protection Branch, DHSSPS

A question and answer session ensued. The Chairperson thanked the witnesses for attending.