Tony McLoughlin (Sligo-North Leitrim, Fine Gael) | Oireachtas source

I am grateful for the opportunity to speak on this Bill, which without doubt will have a long-lasting positive impact on many families across Ireland. The prime aim of the Bill is to protect our young people and future generations from addiction to tobacco products by taking yet another step and making tobacco products look less attractive to consumers, especially children and young adults.

The dangers of tobacco smoking are proven and well documented. Every adult knows, or should know, about the harmful effects of smoking and yet nearly 22% of the Irish population spends money on tobacco products on a daily basis. According to the Health Service Executive, HSE, smoking rates are highest among young adults from 18 to 34 years of age and they reach 30.7% in the 18 to 24 year old age group. Due to the fact that smoking is highly addictive, the majority of the young people will continue smoking for many more years.

Building on the existing legislation related to the restriction on advertising by tobacco companies and the ban on smoking in enclosed public spaces, we want to take a further step towards a tobacco-free society. We will show our strong commitment towards a healthy Europe by complying proactively with Directive 2014/40/EU, which set the standard that the nations of European, as a family, will take care of their future generations. By restricting the labelling and packaging of tobacco products we will not only promote a healthy lifestyle, but also considerably cut spending on tobacco related diseases, which amounts to €500 million. This is a long-term strategy of wise savings that will allow for funds to be used in other ways.

Ireland can lead the way by introducing legislation that will deal with the core of this issue, the irresponsible trading of companies that continue to profit from a highly addictive and unhealthy habit. We are also giving a warning and a chance to these highly successful financial entities to divert their trading activities into other profitable areas of investment. We should remind them that it is in their interest that their employees and customers live longer and healthier lives.

Tobacco companies also maintain that they do not target children in their marketing campaigns and that the sole purpose of their advertising is to persuade adult smokers to switch brands. However, the statistical data indicates that children start smoking at a very early age. Does this really have nothing to do with the ways cigarettes are advertised? Bearing in mind that today's teenager is tomorrow's potential customer, tobacco companies use a variety of tricks in order to promote their product and mislead consumers about the harmful effects of smoking. Tobacco companies fully exploit the fact that teenagers worldwide follow trends and want to be seen in a certain light. That is why it is less the product that they seek to sell and more an image and lifestyle. They want to persuade teenagers that smoking is fashionable and associated with being independent, rebellious and sophisticated. Colours, box shape and imagery are used to lure children into a smoking trap and create an extremely addictive killer habit. That is why we believe this law will help to reduce the appeal of tobacco products to our children and stop them from taking up smoking in the first place. By breaking the link between the product image and the product itself, we aim to help our citizens decide for themselves and purchase tobacco for what it really is.

This legislation is mainly aimed at protecting the younger generation, especially our children. If the younger generation does not take up smoking, the population of smokers will be limited to an older age group, thus reducing the chain effect of fashionable attitudes spreading in the younger age groups. It has also been proven that smokers are keener to quit if there is a clear and visible health warning and attention is not diverted by colours and images on the packaging.

A breach of the articles of the Bill would have legal consequences ranging from a fine to imprisonment or both. Removal from the national register of tobacco retailers is also included as a punishment to deal with those in commercial enterprises. This legislation will strengthen the role of the HSE by empowering it to enforce the current legislation. I would like to mention the tobacco retailers who we, as legislators, ask to control the sale of tobacco products in Ireland. They are governed by law not to sell tobacco products to people under the age of 16. The House will be aware that retailers have a very small profit margin on what is an expensive product to stock. The product they sell at an average price of €10 is retailed by smugglers on the streets at around €3. This is becoming a real problem and it was brought to my attention by retailers at a seminar in Sligo some months ago. It seems that such illegal products are ever more available on our streets.

It is thought the introduction of plain packaging may allow producers of illegal cigarettes to bring to the market generic cigarettes masquerading as well-known brands. This is a concern that needs to be considered. I know that there are obvious security markings on genuine packages but work will be more difficult for the people involved in detection at the Customs and Excise. I believe that the Government must make a determined effort to counteract cigarette smuggling in Ireland which, in my opinion, is rampant, especially in some Border areas. Some 25% of all cigarettes smoked in Ireland are believed to be illegal. Customs and Excise and the Garda need resources to fight this crime as children will be more enticed to start smoking cigarettes at €3 per packet than at €10 per packet.

I suggest to the Ministers for Health, Justice and Equality and Finance that any further excise increases on tobacco be ring-fenced to fund a special unit within Customs and Excise and the Garda to solely tackle the importation and distribution of illegal tobacco products. There needs to be an intelligence-led strategy with officers seconded to this unit from the Garda and Customs and Excise who will target the importers and distributors. It will cost money but I suggest this funding can be obtained through a levy or tax on cigarettes, rather than directly from the Exchequer.

It is clear from the facts that we are not winning the battle with the smugglers. I believe that a sub-committee of Cabinet should be convened to consider how representatives of Customs and Excise, Revenue, the Garda, and, perhaps, the Naval Service could set up a unit similar to the Criminal Assets Bureau, CAB. It would need a proper budget and mandate to tackle the crime of tobacco smuggling, which is estimated to cost the taxpayer €450 million per year.

I understand from media reports that a small number of Irish criminals have made millions of euro from smuggling illegal cigarettes into the country. Recent press reports suggest that prominent Irish gangsters are involved in this activity, and that one of the main crime kings from Dublin, who is well known to CAB but is based on Spain's Costa del Sol, has made millions from smuggling illegal cigarettes over the past two decades. Following this legislation, the next step will be to tackle the smugglers. I thank the Seanad for bringing forward the legislation as another stepping stone towards a healthy Irish nation. I fully support the Bill and its consequent enforcement in the country.

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