Mary Mitchell O'Connor (Dún Laoghaire, Fine Gael) | Oireachtas source

I thank the Law Society delegation for their presentation. I ask their professional opinion on whether the tobacco companies have a credible argument based on the extinguishing of IP rights. I heard them speak of a risk and I want to know if there would be reasonable grounds for suing the State over this issue. If so, how much would be involved and are there comparable cases of which they are aware?

I listened to my colleagues and I have read the presentations. It seems that the constitutional cases that have been taken have been to do with land but Articles 40.3.2° and 43 of the Constitution recognise that in a civil society property rights have to be regulated by principles of social justice and in accordance with the common good. The common good will be to protect the health of the Irish people. I am not quite sure how that can apply and I ask for their professional opinion.

I also want their professional opinion on how Ireland's name and trademark is recognised in America. A number of American committees and business organisations have written to the Chairman to set out their concerns. Are their views credible that there is a risk of litigation attached to the proposed legislation? Is that risk of litigation real?