Sandra McLellan (Cork East, Sinn Fein) | Oireachtas source

I welcome the witnesses. Their presentations have been highly informative and, as this is a thorough way of formulating legislation, it is of great importance to members. I apologise again on behalf of Deputy Ó Caoláin, who unfortunately is unable to attend today. The witnesses might bear with me as I come to the questions, which I will be asking on both his and my own behalf. As outlined in previous meetings, Sinn Féin is supportive of the planned legislation. My colleague at European Parliament level, Martina Anderson, has done similar work in respect of the tobacco directive. All members are clear as to the impact on health of tobacco and barely a family in the country has not suffered because of its horrific consequences. Moreover, there is a definite correlation with regard to socioeconomic groups in that the poorer one is, the more likely one is to have one's life destroyed by these consequences. As for any measures that can be taken to make it less appealing, there obviously must be ongoing monitoring to ascertain how effective they are in the future.

I have a number of questions. I note Mr. Byrne stated there is no evidence available to An Garda Síochána that would indicate that the implementation of plain packaging for all tobacco products sold in Ireland would lead to an increase in the trade in illicit tobacco. However, I have to hand a report from KPMG that appears to contradict these remarks. To run through a couple of points, it states that there has been no reduction in tobacco consumption; that there has been a decrease of 40% in consumption of non-branded tobacco, with increases in consumption of contraband and counterfeit cigarettes of 162% and 71%, respectively; that the illicit market has seen an increase of 13%, while illicit cigarettes have increased by 154%. As this appears to contradict Mr. Byrne's observations here, he may wish to comment on that report or whether he has an idea of who paid for it. I also note the comments by Mr. Byrne on whites and that those involved in the manufacture of illicit whites are not in breach of copyright legislation. Does this mean that in terms of plain packaging, the Garda will have fewer powers to secure prosecutions? Does it mean that certain copyright laws that now apply will no longer do so if this legislation is introduced? In respect of Garda recruitment, will some of the newly recruited staff work in the area of tobacco control - for example, in the intellectual property crime unit? On the individual policing of illicit tobacco sales through divisional policing plans, which play an important and practical role, will this project be prioritised and resourced adequately? Can the Garda indicate whether, on a global basis, the tobacco industry has been implicated in illegal tobacco trading? Will plain packaging reduce illegal trading in tobacco products and what percentage of illegally traded tobacco products are actually detected by the Garda? While these are my questions to the Garda, I have a few more for the Revenue Commissioners.

In 2010, 178 million cigarettes were seized, while in 2011, 2012 and 2013, the figures were 109 million, 96 million and 41 million, respectively, yet the consumption of illegal tobacco has remained fairly stagnant. Does this reflect a failure on the part of Revenue in which the criminals all are one step ahead and now are able to bypass its detection methods? How is Revenue addressing this negative trend? How are seized cigarettes disposed of? How does Revenue get them out of circulation? I would like to hear the Revenue Commissioners state they fully support the Government's demand reduction objectives because I am conscious that were the measure to be 100% successful it would cost Revenue €1.4 billion. I seek confirmation that everyone is on the same page in this regard. How much does tobacco-related illness cost the public Exchequer each year, and has this sum increased or decreased over the years? How much does the sale of tobacco products raise in taxes for the State and has this increased or decreased over the years? Members are aware of the loss of €240 million from tax revenue; how does this compare with other trades, such as music, food and clothing? What is the impact of the European Union's tobacco products directive? Is an all-Ireland approach needed in this regard and should members be encouraging the Northern Ireland Assembly Minister for Health, Social Services and Public Safety, Edwin Poots, to adopt similar legislation?

One in every two smokers dies of a smoking-related illness in Ireland. Will the witnesses remind the committee of the approximate cost of that to our health services?

On the level of fines, what is the proposed method of increasing the fines? Is it by further legislative amendments?

I ask Mr. Maguire to expand on the last two points made, namely, potential improvements regarding the standardisation of the pack size and increased powers of enforcement. Does he have specific ideas or recommendations in that regard?