Seanad debates

Wednesday, 18 December 2013

Protection of the Public Interest from Tobacco Lobbying Bill 2013: Second Stage

 

3:30 pm

Photo of James ReillyJames Reilly (Dublin North, Fine Gael) | Oireachtas source

I thank Senator Crown for raising this issue. I am always thankful for any opportunity to talk about tobacco and the harm that it causes in our society. I specifically thank Senator Crown for all the work he does on the protection of public health from the harms of tobacco. He is a strong advocate for the elimination of smoking related diseases and deaths in this country. He does, after all, spend most of his professional life dealing with the consequences of tobacco smoking. He has been a public and strong voice against the tobacco industry and its influence on our health and our policies.

I recognise and acknowledge the principles behind this Bill. The World Health Organization has indicated something we already know - that there is a large body of evidence demonstrating that the tobacco industry uses a wide range of tactics to interfere with tobacco control.

These tactics include direct and indirect political lobbying, which is the topic of the Private Members' Bill today.

I have experienced at first hand the intense tobacco industry lobbying in Europe to which Senator van Turnout alludes, most particularly during Ireland's recent EU Presidency. The revision of the tobacco products directive was the main health related priority for Ireland during our Presidency, and I am very proud of the great progress we made while chairing the negotiations. I agree with Senator van Turnhout about Philip Morris and its 161 lobbyists for 700 MEPs, and that is before one counts the lobbyists that British American Tobacco and Japan Tobacco put into the field.

Tobacco lobbying made our task very difficult, but none the less I am delighted to hear that agreement has been reached on the revised directive. I put on record my congratulations to all those involved, particularly the European Parliament, the Commission and the Lithuanian Presidency. I must make specific mention of Commissioner Tonio Borg, who has worked tirelessly on progressing this directive since his appointment. While I understand that compromises had to be made, the directive is important legislation in the task of protecting people from the harm of tobacco. It was agreed despite the heavy lobbying of the tobacco industry. The announcement of the agreement this morning has made this a very good day for the future health of our children and is probably the best Christmas present we could ever give them. Having just come into the job, Commissioner Borg found himself subject to lobbying by me, because I was deeply concerned that the previous Commissioner had been unseated in a manner which left many question marks, fear and a sense that the tobacco industry might be at work behind the scenes.

Let us look at some of the other tactics the tobacco industry uses. A report published by the World Health Organization describes in detail the methods used by the industry to "block, nullify, modify or delay pending legislation". These strategies include the following: subverting the legislation and exploiting legislative loopholes; challenging and stretching Government timetables for implementing laws; attempting to bribe legislators, as Senator Barrett mentioned; gaining favour by financing Government initiatives on other health issues; shaping opinion by manipulating the media and the public; undermining public confidence on the validity of research showing the dangers of smoking and second-hand smoke; and defending trade benefits at the expense of health. Well beyond that, the industry uses delaying tactics by incorporating thousands of individuals to lodge complaints and objections, which ties up departments and the relevant legislatures in answering all of these. Every year the industry delays the directive and delays our initiatives, it makes a few billion more. As has been pointed out, whatever we take in taxes from that industry costs us much more in terms of what we have to spend on health, but the real cost is to the health and well-being of our people.

Senator Crown raised the issue of letters from other jurisdictions and their public representatives. I have seen those letters. Let me reiterate the comments I made at the health committee some weeks back. This nation determines its future. Our people - us - and no one else, will determine our policy. We will not be intimidated and I can guarantee that this Minister will not be intimidated by the tobacco industry or any of its agents, elected or otherwise. We must protect our children.

I have been asked not to call the tobacco industry "evil" but how else can I describe an industry that seeks to entrap our children and to have them addicted before they reach the age of 18 so they cannot make the decision which they surely would make otherwise? Research shows that one in every two children who try smoking take it up, and one in every two of those who smoke regularly die prematurely - at least ten years early on average - from a tobacco related illness. That is the death sentence from which we are trying to protect our children. I have made it clear that stamping out smoking is an issue close to my heart. I have said many times that my priority, while not forgetting current smokers, is to prevent children from starting to smoke. It is damning, in my view, that a European study shows that, as was pointed out, Ireland has the lowest age of children starting to smoke among all the EU member states. Despite this, thankfully, the prevalence of children smoking is falling. The majority of smokers become addicted in their childhood and teenage years. Almost four out of every five - 78% - started to smoke before the age of 18 years. It is clear it is children the industry is recruiting to replace the smokers who have died or quit.

In October this year, I launched Ireland's latest policy on smoking, Tobacco Free Ireland. It is the first policy document to be launched under the Healthy Ireland framework. Lifestyle trends and inequalities in health outcomes are leading us towards a dangerously unhealthy and unaffordable future. Healthy Ireland is a Government framework which sets out a vision that will improve the health and well-being of all the population of Ireland over the next 12 years. It puts forward a whole-of-society approach and outlines new arrangements to ensure more effective co-operation to achieve better outcomes for all. There is a new HSE directorate on health and well-being. As I continually point out, prevention is better than cure. I often feel I am the Minister for ill health because all we ever talk about is disease instead of prevention. We must stop paying lip service to prevention and pay for it.

The main aim of Tobacco Free Ireland is to make Ireland tobacco free, that is, to have a smoking rate of less than 5% of the population by 2025. The strategy targets the protection of children in particular and the denormalisation of smoking. Everybody in this country finds is extraordinary when we are abroad to see people smoking in a restaurant, a pub or an office. Tobacco Free Ireland builds on many successful past initiatives. The ground-breaking workplace smoking ban in 2004 had a huge impact and many other worthwhile, and effective measures have been introduced in recent years, including the graphic images on packs. Most recently, Government approval has been received for the publication of the general scheme of a new public health (standardised packaging of tobacco) Bill 2013 and to proceed with the drafting of the legislation. I am convinced this legislation will make a significant contribution to our efforts to reduce tobacco consumption.

The strongly negative reaction of the industry to our proposals has only confirmed my views. This industry invests vast sums of money in developing its packaging based on market research. We have seen the advertisements on television, where young children are playing with nice shiny cigarette packets that make them feel good and look nice. The Irish Cancer Society repeated that study and demonstrated the same effect, and then produced the new plain packages. I had meant to bring some with me but had to race from a meeting to be here.

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