Dr. Tony Holohan:

The Department is in close contact with the Revenue Commissioners about standardised packaging. They have advised that the tax stamp is a key means for them to distinguish between legal and illegal products, irrespective of the way in which the cigarettes are packaged. Tax stamps will remain a fixture on tobacco products following the introduction of standardised packaging and, therefore, the legislation is unlikely to have a significant impact on their work on illicit trade in cigarettes.

I will now take the committee through the general scheme head by head. I do not wish to pre-empt the discussion but I am mindful that there may be some issues to be dealt with. Furthermore, some of the participants in these hearings might identify additional technical issues that may need examination and I look forward to suggestions from the Chairman or committee members which will lead to an improvement in the operation of the legislation.

Head 1 sets out definitions and interpretations used throughout the Bill. It defines for us the meanings of some of the terms used for the purposes of the Bill, including "cigarette pack", "combined health warning", "retail packaging", "tobacco product" and "variant name". Head 2 deal with regulations. It makes standard provisions giving the Minister powers to make regulations for the purposes of the Act. Head 3 sets out the overall purpose of the Bill. The objective is to reduce the appeal of tobacco products, increase the effectiveness of health warnings and reduce the ability of branded tobacco packaging to mislead consumers about the harmful effects of smoking. Head 4 sets out the legal jurisdiction and scope of the legislation, in that the provisions in the Act relate to products for retail sale in Ireland only and do not apply to products and packaging for export.

Head 5 sets out the requirements for the physical features of cigarette packs and cartons. It provides that cigarette packs and cartons must have a rectangular shape and cigarette packs must have flip-top openings. The lining of cigarette packs, if any, must only be plain silver-coloured foil with a white paper backing. Cigarette packs must be a regulated dull drab colour with a matte finish and have plain white inner surfaces. No trademarks or other marks can appear on tobacco packaging and packs must not be visually enhanced in any way. Special provision is made for the appearance of the tax stamp and health warnings to be included on packs.

Head 6 sets out the amendments for the increase in size and positioning of health warnings on cigarette packs and cartons. These provisions are in line with proposals for the revision of the European tobacco products directive which will I hope be finalised by the end of the year.

Head 7 sets out the requirements for the appearance of cigarette sticks. Design features on tobacco products are also regulated to ensure branding, trademarks, etc., are not transferred to the cigarette product.

Head 8 sets out the requirements for the physical features of roll-your-own tobacco packs which are similar in nature to those laid out for cigarette packs under head 5. For example, packs must be a dull, drab colour with a matt finish and plain white inner surfaces.

Head 9 sets out the amendments for the increase in size and positioning of health warnings on roll-your-own tobacco packs and, similar to the provisions made in head 6 in respect of cigarette packs, are in line with measures included in the proposed directive.

Head 10 sets out the requirements for packaging for all other tobacco products other than cigarettes and roll-your-own tobacco packs. Its provisions are similar to those described in heads 5 to 9, inclusive.

Head 11 sets out the requirements for the prohibition of various features on packs, for example, noises, smells or scents, or features designed to change the packaging after sale such as heat activated inks, scratchable panels or fold-out panels. It does not affect changes an individual may make to a packet bought for personal use.

Head 12 provides for the amendment of section 48 of the Public Health (Tobacco) Act 2002 to allow authorised officers - environmental health officers in the HSE who enforce that Act - to enforce the provisions of this legislation.

Head 13 sets out the offences created under the Bill. They relate to the sale or supply, purchase, packaging or manufacture of tobacco products for retail sale. They will apply to commercial participants in the tobacco industry in Ireland who fail to comply with the requirements for tobacco products and packaging created under the Bill. They will not apply to individuals who purchase tobacco products for personal use, nor to conduct, other than through retail sale, undertaken for the purposes of exporting tobacco products and packaging.

Head 14 sets out the fines and penalties for a first and subsequent offences under the Bill.

Head 15 sets out provisions relating to the Trade Marks Act 1996. As Irish trademark law provides for revocation of a registered mark if it is not used over a period of five years, it is necessary to provide that the Bill amounts to a proper reason for non-use of trademarks and does not leave them open to a process of revocation.

Head 16 sets out the Short Title and commencement date. There will be a transitional provision provided for in the Bill in regard to the commencement date of the legislation. The specific dates will be decided through a process of consultation.

As Chief Medical Officer, I am confident that the measures launched by the Minister in October and outlined in the document, Tobacco Free Ireland, including standardised packaging, will further reduce the numbers of people, young and old, smoking in Ireland, taking us towards our target of Ireland being smoke free by 2025.

I thank the Chairman and committee members for giving me the opportunity to address them. I wish the committee well in its work and look forward to its report.