Oireachtas Joint and Select Committees

Wednesday, 17 November 2021

Joint Oireachtas Committee on Health

General Scheme of the Public Health (Tobacco and Nicotine Inhaling Products) Bill 2019 (Resumed): Discussion

Mr. Paul Gordon:

The Framework Convention on Tobacco Control was the first international binding public health treaty that was negotiated by the World Health Organization to which 168 countries have signed up. Within that there is an article that states that public health policies on tobacco control should be protected from the vested interests of the tobacco industry. That includes all Government sectors, that is, the executive, legislative and judicial sectors. In part we have seen the industry use front groups to get around that because compliance with the convention is really good. In practice, it has meant that Government and public officials can only engage with the tobacco industry if it has a means to progress legislation on technical issues. For example, a few years ago the Department had to meet representatives of the tobacco industry to say there was a need to figure out the type of font that will go on the plain packaging. Discussing things like that is where they can meet industry. Obviously the Regulation of Lobbying Act applies to any lobbyists. From our perspective, the FCTC is the strongest global binding factor. The convention looks at declarations of interest by any public officials. It ensures that Government bodes cannot accept partnership with industry and that Government officials divest themselves of any interest in the tobacco industry.

The tobacco industry sees opportunities, through e-cigarettes, to recruit, aggressively market and keep existing customers hooked. Mainly, it is an opportunity to influence public policy and allow unfettered access to their products. That is the main concern but, thankfully, in the main, implementation of the Framework Convention on Tobacco Control has been really good. However, the industry is muddying the waters and it is becoming increasingly harder to tell so it is a matter of vigilance by everyone as to who they are talking to, be it civil society, governments or legislators.

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