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File photo. Rui Vieira/PA Wire

The government wants to ban cigarette vending machines, but a big supplier says it will challenge them in court

New legislation being drafted will see the machines banned in Ireland.

A LEADING SUPPLIER of cigarette vending machines has said that it will take a legal challenge against the government if it brings in a proposed ban on those machines.

The Department of Health has confirmed that it is in the process of drawing up legislation to ban the sale of tobacco products from vending machines.

Cigarette vending machines are currently only present in pubs and nightclubs. There are about 6,000 in total around the country and the industry employs close to 150 people.

“Vending machines by their very presence help to advertise and promote tobacco products,” the department said in a statement.

“It is proposed to extend the existing ban on self-service vending machines for tobacco products to all locations.”

However, Ireland’s biggest supplier of tobacco machines – Limerick-based Tobaccoland – said that the legislation would put a lot of people out of work and that they would mount a legal challenge should it be introduced.

Speaking this morning on a segment on RTÉ’s Morning Ireland, James Walsh, the founder of Tobaccoland, said that it would bring a challenge to the courts if necessary.

“We will bring it to Supreme Court,” he said.

In there we will get a fair hearing.

The legislation is part of the government’s plan to have a tobacco free Ireland by 2025 – a proposal which was first launched by former Health Minister James Reilly in 2013 and then taken up by successive ministers.

17/2/2015. New Cigarette Packets Former Children's Minister James Reilly last year promoting the plain-packaging laws. Sasko Lazarov / RollingNews.ie Sasko Lazarov / RollingNews.ie / RollingNews.ie

Walsh said that if Ireland was tobacco-free by 2025 he would accept that and move on, but that if there was still an industry he didn’t want to be pushed out.

“I don’t want to stay in business if that’s the way it’s going to be,” he said.

But I don’t want to be put out of business if there’s still going to still be a business there in 2025.

Walsh said that his company sells €1.5 million worth of cigarettes every week and 140 million cigarettes every year.

The company employs Walsh and 23 other full time staff.

Tobacco free Ireland

Also speaking on the programme, Luke Clancy, director general of the Research Institute for a Tobacco Free Society, said that the ban would be necessary to lower the numbers of people smoking.

“It is an important issue,” he said.

It sounds anachronistic to have vending machines when we’re banning point of sale advertising, we’re introducing plain packaging, we’re putting price up and we’re trying to eliminate and de-normalise smoking.
And this is a further step which is important as part of a package.

LUKE CLANCY ANTI SMOKING CAMPAIGNS File photo Luke Clancy with former Health Minister Mary Harney in 2005. RollingNews.ie RollingNews.ie

Also speaking on the programme, Cormac Dunne of the Irish Cigarette Machine Operators Association said that a ban didn’t need to brought in in Ireland as there was already a strict restriction on underage selling here.

Vending machines are operated by people obtaining a token from a bartender in a pub or club and then using that to activate the machine.

Dunne said that this ensured that underage people would not use the machines.

“The barman is responsible for deciding who gets alcohol so it’s probably fair to say that he’s a reasonable custodian of the cigarette machine token,” he said.

The spokesperson for the Department of Health said that the ban on vending machines had already been introduced in 15 EU member states and had been successfully defended in court in England.

“Fifteen European Member States including France, Greece, Hungary, Poland and the UK have enforced similar measures prohibiting the sale of tobacco products from self-service vending machines,” the spokesperson said.

Specifically in the UK, England prohibited the sale of tobacco from such machines with effect from October 2011, after the successful defence of a legal challenge from the tobacco industry.
This proposal is in line with policy contained in Tobacco Free Ireland and the WHO Framework Convention on Tobacco Control, which encourages parties to the convention to introduce a total ban on vending machines in the context of protecting young people.

An introduction of plain-packaging on tobacco products in Ireland was first touted in 2014, but the laws allowing this measure to come into force have been delayed.

Read: Loss of 87 jobs as Imperial Tobacco to close in Westmeath

Read: Ireland has the highest alcohol prices in the EU (almost double the average)

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110 Comments
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    Mute Damocles
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    Oct 19th 2016, 11:41 AM

    Apparently two thirds of “child” immigrants turn out to not be children when challenged.

    The people who really suffer here are the genuine child immigrants.

    378
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    Mute MackPilon
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    Oct 19th 2016, 12:38 PM

    @Damocles: A perusal of the Continental newspapers over recent weekd will show that these children have been responsible for some horrific rapes including gang-rapes.

    179
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    Mute Guy Incognito
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    Oct 19th 2016, 12:55 PM

    @MackPilon: One can find anything when perusing Brietbart alright.

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    Mute MackPilon
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    Oct 19th 2016, 12:59 PM

    @Guy Incognito: Normally I ignore trolling but in your case i will make an exception “A perusal of the Continental newspapers over recent weeks” You are aware that they have newspapers on the Continent ?

    88
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    Mute Brendan O'Brien
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    Oct 19th 2016, 1:06 PM

    @MackPilon: ‘A perusal of the Continental newspapers over recent weeks’ is no substitute for a reliable link.

    32
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    Mute KalEll
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    Oct 19th 2016, 1:13 PM

    I believe what the report said was two thirds of those who had their age challenged were found not to be children. Not two thirds of all child refugees.

    73
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    Mute MackPilon
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    Oct 19th 2016, 1:21 PM

    @Brendan O’Brien:Gawd another one, try Google as there are too many links for thejournal to handle

    19
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    Mute Brendan O'Brien
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    Oct 19th 2016, 1:31 PM

    @MackPilon: You claim that children trying to get into Britain have been involved in rapes on the Continent. You need to support that in some way; otherwise it will appear that you are trying to smear child refugees in general.

    23
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    Mute Carina Clarke
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    Oct 19th 2016, 2:17 PM

    Damocles. This isn’t anything new. Do a Google on athletics cross country competitions in some African countries and there isn’t a hope some of the lads competing under age are actually underage. They are clearly fully grown adults.

    57
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    Mute Brendan O'Brien
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    Oct 19th 2016, 2:24 PM

    It’s a very minor issue that is being used to fuel a general anti-refugee, anti-immigrant mindset and the agenda of the far right.

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    Mute canuckandgo
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    Oct 19th 2016, 3:43 PM

    A minor issue? Good grief. You can be sure that if you put incorrect information on your landing card in New York or Sydney you’d be pulled up on it immediately. I think the phrase you are looking for is anti illegal immigrant rather than anti immigrant. And fraudulently entering a country by giving incorrect information whether by accident or on purpose is quite serious.

    62
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    Mute Ian O Connell
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    Oct 19th 2016, 3:49 PM

    Brendan O Brien: I’m against mass immigration and 100% against refugees coming to europe, but am not far right or even just right lol!

    43
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    Mute Marlowemallow
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    Oct 19th 2016, 6:24 PM

    @Ian O Connell: The left are obsessed with the idea that the evil capitalists create racism, and borders, to divide and rule the working class. So anyone paying what they deem to be an inappropriate amount of attention to something like abuses of the asylum system must be on the side of the capitalists – therefore far right. I won’t even begin to pick apart how detached from reality they are.

    28
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    Mute Martin Flood
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    Oct 19th 2016, 11:32 AM

    Far be it for me to praise the Daily Mail but they ran a similar article yesterday with actual photos. Some of these “children” were grown men!

    279
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    Mute Gerry Ryan deG
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    Oct 19th 2016, 12:04 PM

    @Martin Flood: I wouldn’t put much trust in the Daily Mail when it comes to this stuff, their record of xenophobia is mind boggling and they peddle this stuff to their followers and have done for generations. Paper never refused ink could have been coined to describe them alone.

    49
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    Mute Joe Arthur
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    Oct 19th 2016, 12:09 PM

    Whatever your views of these children, or not children, or whatever, the Daily Mail is the probably the most disgraceful publication on the planet.

    61
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    Mute Ian O Connell
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    Oct 19th 2016, 12:45 PM

    Joe Arthur: or probably not.

    65
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    Mute canuckandgo
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    Oct 19th 2016, 12:46 PM

    There’s others that go by the description of “sacred books” that are far more vile than the DM.

    77
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    Mute Patrick J. O'Rourke
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    Oct 19th 2016, 1:00 PM

    @Martin Flood: I occasionally read the Daily Mail and it feels like a cross between a creche, a zoo and a care home. You just need a big bag of salt to take regular pinches from. Good fun though unless you’re on the receiving end of their “journalism”.

    37
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    Mute MackPilon
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    Oct 19th 2016, 3:01 PM

    @Patrick J. O’Rourke: Ah here lads, youse could have warned me about all the diddys before I went to see what the fuss was about the Mail

    17
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    Mute Valthebear
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    Oct 19th 2016, 3:24 PM

    @Joe Arthur Hardly any more Joe, especially the Irish edition of the Mail, which on social issues is quite liberal. This issue is also a problem in schools, where some migrant ‘children’ register for a school place to secure children’s allowance. Free for all open border globalism is causing a lot of problems

    34
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    Mute John Clark
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    Oct 19th 2016, 11:33 AM

    I have seen some of these child migrants on the BBC, some are clearly in their middle 20′s but claim to be 14 or 15.

    Got to hand it to them, they have some balls………….

    224
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    Mute Shane Cormican
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    Oct 19th 2016, 11:40 AM

    Sure we all did that in the days of trying to get into Hollywood nights!!!

    64
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    Mute garb yakob
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    Oct 19th 2016, 12:43 PM

    Well, lie about your age for a chance of living like the luckty ones or go back to hell… Not the bravest decision ever. Sensible more than anything.

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    Mute Greg Blake
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    Oct 19th 2016, 1:05 PM

    The onus of proof should be on the person making an asylum claim, including compliance with testing, whatever the method used to satisfy doubts.

    88
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    Mute canuckandgo
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    Oct 19th 2016, 1:26 PM

    You’re right Greg, but it’s probably racist somehow, isn’t everything racist now?

    90
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    Mute Greg Blake
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    Oct 19th 2016, 6:32 PM

    Ah racism, the curse of the unenlightened.

    6
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    Mute Old Gordon
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    Oct 19th 2016, 12:37 PM

    In Sweden, they call the phenomenon of unaccompanied minors turning out to be fully grown men; Beard Children.

    156
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    Mute Patrick Gough
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    Oct 19th 2016, 11:40 AM

    Some of the “children” were approaching pension age.

    154
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    Mute Shawn Rahoon
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    Oct 19th 2016, 1:54 PM

    And they’re all pregnant, even the men.

    51
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    Mute canuckandgo
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    Oct 19th 2016, 11:41 AM

    Is being 35 and claiming you’re 16 inappropriate and unethical?

    114
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    Mute Neal not Neil
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    Oct 19th 2016, 12:03 PM

    Depends on why you’re doing it.

    19
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    Mute canuckandgo
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    Oct 19th 2016, 12:27 PM

    I suppose. Doing it to fraudulently enter a country would probably not be wise.

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    Mute Beachmaster
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    Oct 19th 2016, 1:42 PM

    I’m struggling to think of a situation where somebody who’s 35 and claiming to be 16 isn’t inappropriate and unethical. Can you give us examples where it’s not, Neal?

    49
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    Mute Ben McArthur
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    Oct 19th 2016, 2:08 PM

    @Beachmaster: If you’re playing Spiderman?

    17
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    Mute Fox in the Box
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    Oct 19th 2016, 2:19 PM

    @Beachmaster:

    Pretty sure its ok for a 35 year old to claim to be 16 on facebook

    6
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    Mute Marlowemallow
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    Oct 19th 2016, 1:20 PM

    The poor little urchins, having to lie about their age to escape the terrible persecution of France.

    112
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    Mute Margie Murph
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    Oct 19th 2016, 11:50 AM

    Look at this guy. Teeth records shouldn’t be needed just common sense. But they’re sorely lacking that in Sweden and also, it would appear in the U.K.http://www.prisonplanet.com/sweden-pediatrician-says-some-refugee-children-are-actually-40-years-old.html

    111
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    Mute Marlowemallow
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    Oct 19th 2016, 11:43 AM

    Same problem has existed for a long time in Europe’s asylum system. People with unknown identities, ages,criminal records and origins should not be permitted entry to any sane country. Take the 60 year old Christian woman whipped for selling alcohol in Indonesia instead. That would be both ethical and compatible with self preservation.

    106
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    Mute Joe Murphy
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    Oct 19th 2016, 11:36 AM

    Do they get supplied with shavers for free with gel and aftershaves..

    99
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    Mute Homer's imp son
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    Oct 19th 2016, 11:49 AM

    Shouldn’t this article read “Politicians unhappy that migrants are abusing the system”?

    95
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    Mute canuckandgo
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    Oct 19th 2016, 12:28 PM

    Or maybe “Liberal luvvies happy that migrants are abusing the system”

    92
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    Mute Ian O Connell
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    Oct 19th 2016, 12:44 PM

    Yeah the jihadist’s have started arriving in Britain from calais disguised as kids, fantastic.

    62
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    Mute Drew TheChinaman :)
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    Oct 19th 2016, 12:47 PM

    I’m in favour of a straight up polygraph test, should find out much more regarding truthfulness in statements made regarding background, origins, affiliations or past criminal activity…

    I like the way it’s ‘unethical’ to conduct an age test, but lying on a asylum application is perfectly fine.

    53
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    Mute Catherine Mc
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    Oct 19th 2016, 2:16 PM

    Every alleged asylum seeker needs to be processed before they are granted asylum in another country, it has now become a farce.

    49
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    Mute Ben McArthur
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    Oct 19th 2016, 1:02 PM

    Medical ethics have a very much made-up-on-the-fly feel to them sometimes. There’s mandatory drawing of blood for all sorts of purposes, and nary a squeak about it. Is a dental X-ray to establish whether a crime is being committed really so different?

    47
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    Mute Paul Furey
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    Oct 19th 2016, 12:44 PM

    You should see some of the U10′s or U12′s or U14′s etc playing schools football each weekend. And it only benefits the oddball manager who is thrilled that his star can score multiple hat tricks against kids 5 years younger. We have been living with this for years now.

    35
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    Mute Ian O Connell
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    Oct 19th 2016, 3:52 PM

    Wheres all the innocent little girls? seem to be all blokes.

    24
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    Mute Patrick Mac
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    Oct 19th 2016, 6:54 PM

    Would you trust these guys around your daughter, niece, sister, mother, grand-mother, aunt ?
    Any libtard that wishes to accuse me of being a racist is welcome to do so.

    20
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    Mute Ciarán Masterson
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    Oct 19th 2016, 1:57 PM

    In Greece, a Syrian 15-year-old boy called Firas is being held in juvenile detention. He was sent on his own by his parents, who are in Turkey, because they didn’t have enough for the whole family to be smuggled in. Because hes’ not Turkish, the Turkish government won’t let him re-enter Turkey. Two activists – an American woman and her husband, who is a Syrian refugee – are hoping to become his legal guardians so that he will be released.

    Many Middle-Eastern and Central Asian, e.g. Afghan, parents who originate from areas of conflict are irresponsible – they send the children on their own with people-smugglers. Therefore, it is Firas’s parents’ fault that he is apart from them. Parents who actually love their children would never do that to them.

    http://www.huffingtonpost.co.uk/entry/the-forgotten-children-itv-documentary-shows-perils-of-refugee-orphans-stranded-in-europe_uk_57f3c170e4b01e384a3e46bf

    19
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    Mute Rosa Parks
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    Oct 19th 2016, 6:29 PM

    If as claimed two thirds of the ‘children’ who claim asylum in the UK are in fact adults, then that raises obvious questions as to whether the same happens in this country. We should perform these tests here too

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    Mute Marlowemallow
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    Oct 19th 2016, 6:54 PM

    @Rosa Parks: No it’s something more like two thirds of those whose age is tested. The dental tests are not all that reliable anyway and Irish dentists, like the Swedes too, will probably baulk at doing it. France does bone tests I believe – another reason not to apply for asylum in France of course. There is no real getting around the fact that it’s just crazy to allow people to enter your country when you have no idea who they are.

    15
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    Mute June Rose-Sommer
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    Oct 19th 2016, 7:17 PM

    They are fully grown adults not children!!! What the fudge!!??????

    11
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    Mute Marlowemallow
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    Oct 19th 2016, 7:29 PM

    @June Rose-Sommer: It’s racist to judge their age from their photos apparently. Their feelings might be hurt over internet waves or something.

    12
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    Mute Neil Mcdonough
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    Oct 19th 2016, 1:12 PM

    Seems logical, though some of the commenters here might not realise that living in extreme poverty does add years to your appearance . . .

    6
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    Mute Beachmaster
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    Oct 19th 2016, 1:43 PM

    Does it increase the facial hair growth?

    56
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    Mute Liviu Flore
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    Oct 19th 2016, 3:14 PM

    I had teenage friends from Pakistan and so on, who looked over 20. I think their dark skins and the growth of facial hair increases how old they look

    4
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    Mute Marlowemallow
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    Oct 19th 2016, 7:32 PM

    @Liviu Flore: It does happen, of course. But it’s not really about this group and a few photos. There are huge incentives for migrants to claim to be underage throughout Europe – because we quite rightly treat children travelling alone differently to adults. Including in the criminal justice system and when it comes to deportation.

    And the phenomenon of migrants lying about their age is very well documented. It”s what many sensible youngish looking people would do if you were in their shoes weighing up the costs and incentives before you. The only debate in France, Sweden etc is about what to do about it. Spoiler alert: they have no idea.

    11
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    Mute Do the Bort man
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    Oct 19th 2016, 8:44 PM

    Dental Plan……

    3
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    Mute Alois Irlmaier
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    Oct 19th 2016, 9:20 PM

    Some of them adults are trying to pass as children?

    3
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    Mute rockmast
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    Oct 19th 2016, 8:06 PM

    I used to say i was 15 on the bus for child fare. Then say i was 21 to get into nightclubs. We are all guilty of telling these white lies. LOL

    1
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    Mute _doesnotcompute
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    Oct 19th 2016, 3:16 PM

    The UK is such a police state. Glad we’re nowhere near as bad as that over here

    1
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    Mute Gerry Fallon
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    Oct 19th 2016, 7:08 PM

    David (josef mengle )Davies. Experiment on refugees!hmm? That sounds familiar

    1
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    Mute Marlowemallow
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    Oct 19th 2016, 7:16 PM

    @Gerry Fallon: And the Godwin’s Law prize for the day goes to you.

    13
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    Mute Rosa Parks
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    Oct 19th 2016, 7:22 PM

    @Gerry Fallon: Its a ridiculous comparison.

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    Mute Gerry Fallon
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    Oct 19th 2016, 9:17 PM

    It’s a joke.lighten up

    1
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