Ms Tara Buckley:

RGDATA is the representative body for the independent retail grocery sector in Ireland. We represent the owners of 4,000 family-owned shops, convenience stores, forecourt stores and supermarkets, many of whom are licensed to sell tobacco products to members of the public in the normal course of their business.

RGDATA has no funding initiatives in place with the tobacco sector. However, we publish a magazine once a year for which we accept trade advertising from all suppliers, including tobacco companies.

RGDATA has adopted a clear position on the subject of tobacco control measures introduced by the State in the interests of public health. For as long as tobacco is a lawful product for retail sale in the State, RGDATA members who are licensed to sell such products are committed to operating subject to the controls, regulations or restrictions that may be imposed by the State.

We do not wish to make any substantive challenge to the policy objectives underpinning the proposed Bill. However, we have been requested to present to this committee on the impact of the proposed Bill from a retailer's perspective and there are three points in relation to the heads of the Bill which we wish to bring to the committee's attention.

Our first point is a general observation about the need for enforcement regarding the illegal trade in tobacco in Ireland. RGDATA members are compliant and respect the legal obligations imposed on them for the sale of tobacco products. It remains a matter of concern that, notwithstanding their compliance, there is a substantial level of illegal sales of tobacco products in Ireland through the black market. If new tobacco control measures are to have an impact and have credibility, it is important that they are accompanied by a renewed commitment to stamp out the illegal sale of tobacco products. There is nothing more disheartening and disillusioning for a compliant retailer than to see another party flout the law through the sale of contraband, with apparent impunity. Strong enforcement action against black market and contraband sales remains a key factor in proper levels of tobacco control.

Head 4 of the Bill provides that the new measures will only apply to tobacco products which are put on the market for retail sale in Ireland. Presumably this means that those purchasing tobacco products outside the jurisdiction and bringing them into the State, in particular those buying duty-free cigarettes, will not be subject to this new law. Given the policy objectives which the proposed Bill is seeking to address, why does the legislation not go further and prohibit the importation into the State of cigarettes which do not comply with the packaging restrictions contained in the Bill above a certain volume level per person? If the object of the legislation is to render the sale of tobacco products as less attractive, surely this principle should apply regardless of where the Irish-based smoker acquires the tobacco products for consumption in the State?

Our third point comes under head 5. This is a practical concern which has been raised by retailers in relation to the measures contained in the Bill and concerns the risks associated with staff stocking different brands of cigarettes in the gantries for retail sale. As the committee will be aware, we operate a closed-container system. Many staff, when they open up these containers and fill them up, use the colour to ensure they have got the correct cigarettes in the correct order. At present, a retailer or the staff can clearly distinguish between the different brands of cigarettes when stocking the packages in the gantry. With plain packaging, this will be difficult and there will be a real risk that in a busy shop environment, the wrong brand could be stocked in the wrong holder or container given the absence of clear distinguishing marks. This could mean that a customer is supplied the incorrect brand by accident, given that the packet of cigarettes is usually automatically retrieved from a closed gantry container with the brand sight unseen by the retailer or the customer. To address this concern, RGDATA respectfully suggests that consideration be given to some small distinguishing mark being applied to the bottom surfaces of the pack. This could be a simple and discreet colour code to distinguish one brand from another. We want this to be done in a way that would not be obvious to the consumer, nor make the packaging more attractive or appealing. From a retailers' perspective, it would reduce the risk of consumers being misled to purchase a brand of tobacco that they did not choose. We would ask the committee to consider as part of what can be put on the packaging that perhaps a discreet mark be put on the bottom of the pack so that when they are put into the gantries, one would be able to see this coloured mark and the staff member would know that he or she had put the correct brand into the correct container.

These are RGDATA's observations on the proposed Bill. I thank the committee for the opportunity to present today.