Áine Brady (Kildare North, Fianna Fail)

Section 33A of the Public Health (Tobacco) Act 2002, as inserted by section 5 of the Public Health (Tobacco) (Amendment) Act 2004, defines "advertisement" as including, with regard to a tobacco product:

every form of recommendation of the product to the public and, in particular---

(a) (i) a statement of the name of a manufacturer or importer of a tobacco product, or the name of any brand of tobacco product, or

(ii) a statement of any trade description or designation, or a display or other publication of a trademark, emblem, marketing image or logo, by reference to which the product is marketed or sold,

in circumstances where such statement, display or publication may reasonably be regarded as a recommendation of the product to the public.

If a brand no longer exists then there is no product to recommend to the public and the display of, for example, an obsolete brand could not be seen as a recommendation of that product to the public. Signs and memorabilia connected with brands that are no longer on the market may therefore continue to be displayed. The issue here is whether a brand is still on the market, and it is immaterial whether a mirror or other item is genuine or a reproduction. This amendment is unnecessary and I regret I am unable to accept it.