Seanad debates

Tuesday, 17 June 2014

Public Health (Standardised Packaging of Tobacco) Bill 2014: Second Stage

 

8:35 pm

Photo of Sean BarrettSean Barrett (Independent) | Oireachtas source

I welcome the Minister to the House. It is symbolic that on the day we debated in this House legislation governing the use of sunbeds, we do not need them in Ireland. The Minister is now, in terms of the legislation currently before us, proving we do not need tobacco either. I hope this is a double triumph for the Minister.
On 10 June, the British Medical Journal contained an article in the name of 600 specialists in the United Kingdom which was in favour of measures such as those in the legislation the Minister is proposing today. An article in today's edition of the British Medical Journalin the name of 100 of those specialists relates to the dangers of e-cigarettes. I have no doubt that overwhelmingly the evidence supports what the Minister is proposing here today. I wish him every success in that regard.
I note the ingenuity of the tobacco industry in having strawberry and bubble gum flavours added to the nicotine in e-cigarettes. The Minister will be aware that e-cigarettes are due for categorisation by the World Health Organization in October under the general controls on tobacco. I wish him well in that endeavour. I often pass the Player Wills building on the South Circular Road, which is derelict. It was previously a major centre of the tobacco industry but is no more. I hope, too, that that is symbolic of what we are trying to do. As we move towards becoming a smoke-free society, we should no longer permit cigarettes to be sold in food shops, petrol stations or duty-free shops. That is not the type of introduction we want for people coming to our country. In addition, EU subsidies to the tobacco industry should be abolished.
Like other Senators, I propose to table amendments to the Bill on Committee Stage. Section 12 provides that tar, nicotine and carbon monoxide content shall not be printed on the unit package. I would put the alternative proposition that that information be included on the package so that people can see how damaging the product is. I will discuss the matter further with the Minister on Committee Stage.
In the UK, there is support for what the Minister is proposing today in terms of the Chantler report. As I understand it, the issue is currently being considered by the British Minister with responsibility for public health, who is supported by the Labour Party shadow Minister. Many tactics are being used against what is being proposed. I will like to deal briefly with two of them. On the claim that the legislation infringes people's intellectual property rights, it does not. Only the wrapping is being changed. It will still be possible to produce this type of poisonous product and to derive profits from doing so. A change to the wrapping is not an infringement of intellectual property rights. I am sure the tobacco firms will bring a legal case against the Minister in that regard.
On the claim that what is proposed interferes in the free trade of the European common market, that is not true. It will still be possible to export these products. I recommend nobody consume them. The only change is to the packaging. From now on the packaging will be plain but the product remains exportable. I am sure the tobacco industry will be hiring the best brains in the Law Library to take a case against the Minister. I may also table amendments to provide that neither the right to engage in free trade nor one's intellectual property rights are infringed by plain wrapping. I wish the Minister the best of luck with this legislation.

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