Oireachtas Joint and Select Committees

Thursday, 13 February 2014

Joint Oireachtas Committee on Health and Children

Public Health (Standardised Packaging of Tobacco) Bill 2013: Discussion (Resumed)

1:40 pm

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail) | Oireachtas source

This goes to show that when politicians, barristers, lawyers and solicitors are in the same room, there are several outcomes. I emphasise at the outset that intellectual property and trademark rights are critical to this economy. Of course it is of huge significance for such rights to be defended and vindicated. International software companies have made huge investments in this country. This area is of importance both in terms of inward investment and export. The protection of intellectual property rights is a given.

Would the witnesses not agree that there is an obligation on the State to vindicate the rights of its citizens by protecting their lives? We have constitutional law and we have commercial law. I suppose that is where we have the conflict. Our obligation is to try to ensure we protect the health of our citizens. As responsible politicians, we certainly do not want to usurp or undermine trademarks and intellectual property rights, which are critical components of the commercial life of this country. We must act in a manner that protects the lives of our citizens. The first obligation of every state is to protect the lives of its citizens. Clearly, we have a dichotomy or a debate in that regard. I am quite definite that if we invited the witnesses into another room, or invited them in under another guise, they would have a different view. Let us be honest - that is why they are professionally involved in this business. I am not dismissing that. I am pointing out the reality. I would like the witnesses to provide a little context by referring to this committee's obligation to try to vindicate the health and life of citizens. That is primarily what this legislation is about - no more and no less. It is certainly not about trying to attack or undermine intellectual property rights.

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