Jerry Buttimer (Cork South Central, Fine Gael) | Oireachtas source

We are about to commence our consideration of COM (2012) 788, a proposal for a directive of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the member states concerning the manufacture, presentation and sale of tobacco and related products. The current tobacco products directive, Directive 2001/37/EC, dates from 2001. Since then, significant scientific, market and international developments have taken place. For example, new evidence on flavourings used in tobacco products and effectiveness of health warnings has become available. Novel products such as electronic cigarettes have entered the market and recent marketing strategies involve the use of attractive packaging and flavours. The main objective of the revision is to improve the functioning of the internal market while ensuring a high level of public health. In particular, the proposal aims to update already harmonised areas to overcome member states' obstacles to bring their national legislation into line with new market and scientific and international developments, address product-related measures not yet covered by the previous tobacco products directive, and ensure that the provisions of the directive are not circumvented by placing on the market products not compliant with the tobacco products directive.

Given the complex nature of this directive, we as a committee agreed to an oral briefing from the Department of Health. In this regard, I welcome Mr. Chris Fitzgerald, principal officer at the Department of Health and Children, and Ms Dilly O'Brien, assistant principal at the Department, to the meeting this morning. I draw the witnesses' attention to the fact that by virtue of section 17(2)(l) of the Defamation Act 2009, witnesses are protected by absolute privilege in respect of their evidence to the committee. However, if they are directed by the committee to cease giving evidence in regard to a particular matter and they continue to do so, they are entitled thereafter only to a qualified privilege in respect of their evidence. They are directed that only evidence connected with the subject matter of these proceedings is to be given and are asked to respect the parliamentary practice to the effect that, where possible, they should not criticise or make charges against any person, persons or entity by name or in such a way as to make him, her or it identifiable. Members are reminded of the long-standing ruling of the Chair to the effect that they should not comment on, criticise or make charges against a person outside the House or an official either by name or in such a way as to make him or her identifiable. I invite Mr. Fitzgerald to make his opening remarks.