Willie Penrose (Longford-Westmeath, Labour) | Oireachtas source

I do not ever get any of those funds.

However, there are the property rights established under Bunreacht na hÉireann, as well as right to the free movement and travel of goods under Article 34 of the Treaty on the Functioning of the European Union. The types of issues that will arise in respect of European law will be whether these measures are necessary to achieve the objective being pursued or whether they are disproportionate. In addition, I refer to the fundamental human rights guaranteed in Articles 11, 16 and 17 of the Charter of Fundamental Human Rights of the European Union, as well as the Irish and European Union trademark law, which I believe was updated in 1996. There also will be issues in respect of the World Trade Organization.

I wish to put on record a counter-argument that has been provided to me, which is that the illicit trade has increased in Australia since the introduction of standardised packaging, according to a report prepared by KPMG on illicit tobacco in Australia from October 2013. The argument is the Irish market would be flooded with cheap illegal products, due to the well-established smuggling networks that already are in operation. This would reduce the VAT and excise duty income to the Irish Exchequer without any reduction in the incidence of smoking. While such arguments exist, overall, if one takes it all in the round and having put out those arguments because as a barrister, one must argue the pros and cons, I am strongly in the pro-camp with regard to what the Minister is doing. However, the legal advice would be important. I have no doubt but that this legislation will be subject to judicial pronouncement at national level, at European Union level or even at world trade level in a global forum.

I would make for a difficult Minister for Finance because I would spend an hour in this Chamber on budget night explaining the reasons I had increased the price of cigarettes by 30% or 40%.

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