David Norris (Independent)

This is really a technical Bill but it has given us an opportunity which I am glad my colleagues have exploited perfectly correctly by putting on the record very serious issues concerning health and the machinations of the tobacco industry. With some of them I agree and with some I disagree strongly. I wish to set the scene by pointing out that 16 people per day in Ireland are killed as a result of the tobacco industry and smoking. I use the term "killed" rather than "die" because this is quite deliberate and specific. The tobacco industry has known for decades, since before it was publically announced, that there was a direct link between smoking and cancer. It did everything it could to frustrate that research, to deny it and to use its financial wealth to prevent the public being alerted. They amount to a criminal conspiracy, especially in the United States of America, against the health and welfare of the nation.

I speak as a recovering smoker. It was terribly silly to get rid of the packets of ten because that only forces people to buy packs of 20 and if one is a smoker one will smoke all 20 cigarettes. Packs of ten make it easier for people to cut down. It was an absurd thing and I was pleased to see a former candidate for this House and a very decent man, Dr. Maurice Gueret, write about this point in his column in the Sunday Independent recently. I cheered inwardly when I read what he said.

Up to 16 people a day, 50% of those who smoke, die from smoking related diseases such as heart disease and lung cancer. The latter is a particularly unpleasant illness as I know from having seen several friends die from it. More than 90% of lung cancers are preventable as they are caused by smoking.

Those are matters which should cause us all to pause and think about the impact of this trade. It is difficult to put the genie back in the bottle; there is no point trying to make smoking illegal. There is a substantial point, however, in raising taxes on tobacco products and I am extremely disappointed no provision for an increase in taxes has been made.

I recommend the Minister of State and her officials examine the data about cigarette smuggling I put on the Official Report the last time this legislation was debated in the House. The tobacco companies have been lobbying against tax increases and even have access to politicians in Leinster House. They are squealing, claiming their profits are affected by smuggling. I do not think so. Their profits are being increased by smuggling.

Not only that, I put on the record a series of cases in the United States of America in which the companies were convicted of colluding with tobacco smugglers. It is extraordinary to me how, on the one hand, they can be lobbying against it while criminally colluding on the other to the extent they are convicted in court and subsequently fined. Can someone explain that to me?

There will always be a profit for the tobacco companies whether they sell them through the black market or legitimate channels. Smuggling ensures a supply of cheap cigarettes to keep the addiction going and wavering smokers on the hook. Smuggled cigarettes seized by customs authorities have to be replaced to meet demand for the product, meaning the tobacco companies earn profits twice. More importantly, it allows them to argue for reduced taxation because it is claimed taxes cannot be raised because of smuggling. In Australia, however, the authorities raised the taxes successfully.

I urge the Minister of State to resist the kind of argument made – I accept made in good faith – about smuggling. Smuggling is a dark area and the tobacco companies are not immune from it. I agree with my colleagues that the sale of illegally imported cigarettes is widespread. I see it every day of the week in the centre of Dublin with trays and boxes of illegally imported cigarettes being sold on Henry Street, Mary Street, O'Connell Street and O'Connell Bridge. I do not approve of it but I also believe it does not affect tobacco companies' sales. I would be concerned if this was a matter that was taken into account in this context.

This is a technical Bill that dissolves the Office of Tobacco Control and transfers its functions to the Health Service Executive. I hope this is intended to provide efficiency. In this case, it may well do so as the new agency will be in with other medical areas such as poisons and so forth. I hope, however, this legislation will strengthen the impact of the organisation rather than weaken it. Like my two preceding colleagues, we all want the practice of smoking discouraged. I acknowledge Senator Feeney's point that it was a close relative of this Government that introduced-----