Mr. Chris Fitzgerald:

Ms O'Brien will deal with some of the detail but I will make a general point on some of the detail of Deputy Kelleher's comments. The Department of Health is concerned about any cigarettes for sale or the consumption of any cigarettes, whether legal or illegal. The health effects are probably not significantly different, although I suspect some of the illegal cigarettes may be more dangerous. We are concerned that any amount of tobacco is being consumed, either legally or illegally.

I share Deputy Kelleher's view in that it would make a nonsense of the issue if at one level we introduce a range of provisions and did not take a hard line with regard to illegal sales. What we are discussing in the context of the directive addresses legally sold products so the two issues must move in tandem. With regard to the detail and policing of the matter, it would not fall within our ambit. From an advocacy perspective, we are of the view that we must move together. That has been the case globally, in terms of the framework convention on tobacco control, which is a World Health Organisation initiative and which has recently seen a new protocol introduced. I attended the convention discussions and there was a reluctance by member states to get into the area of fiscal policy. The second point raised by the Deputy can only really be addressed by some sort of cohesion in fiscal policy, which will not be achieved. The Deputy knows that as much as I do.

We are concerned about the unacceptable level of tobacco consumption. Any consumption is unacceptable but it is particularly so at 29%. The directive offers a number of ways to strengthen our current regime and we are supportive of that.