John Crown (Independent) | Oireachtas source

I move amendment No. 23:

In page 14, between lines 3 and 4, to insert the following:
“Retail packaging of cigars
11. (1) Subject to subsection (2), a cigar packet shall—(a) in respect of the outer surface thereof, be of a prescribed colour with a matt finish,
(b) in respect of the inner surface thereof, be of a prescribed colour,
(c) not bear a mark or trade mark other than in accordance with subsections (3) and (4),
(d) not have any decorative ridges, embossing or other embellishments on the outer surface thereof,
(e) not contain an adhesive that is coloured or non-transparent,
(f) not contain any inserted items or affixed items other than as provided for by law,
(g) not contain any item incorporated into the packaging other than as provided for by law.(2) Paragraphs (a) and (c) of subsection (1) shall not apply to the following:(a) health warnings;
(b) a bar-code or other similar identification mark that is in accordance with regulations under subsection (5);
(c) such other items as are provided for by law.(3) Subject to subsection (4), the following may be printed on a cigar packet:(a) a brand name or business name or company name; and
(b) a variant name for the cigar concerned.(4) A name referred to in subsection (3) shall be printed in accordance with regulations under subsection (10) and may be printed—(a) once on the front outer surface of the cigar packet,
(b) once on the top outer surface of the cigar packet, and
(c) once on the bottom outer surface of the cigar packet,
provided that the name does not obscure or interfere with health warnings on the cigar packet.(5) A bar-code or other similar identification mark may be printed once on a cigar packet in such form and manner as may be prescribed by the Minister, including the colour, dimensions, specifications and positioning of such bar-code or mark, provided that the bar-code or mark does not convey any information to the consumer (including any information conveyed by means of electronic communication).
(6) A cigar packet shall—(a) be cuboid in shape, the edges of which may be rounded or bevelled,
(b) be made of carton or soft material,
(c) not contain an opening that can be re-closed or re-opened after it is first opened
other than—

(i) a flip-top lid provided the lid is hinged at the back of the packet, or
(ii) a shoulder-box hinged-lid.

(7) Subsections (1) to (5) shall apply with all necessary modifications to any other form of outside packaging of cigars.
(8) A wrapper that covers a cigar packet or any other form of outside packaging of cigar shall—(a) be transparent,
(b) not be coloured,
(c) not have any decorative ridges, embossing or other embellishments,
(d) not bear a trade mark or mark other than a tear-strip that is in accordance with regulations under subsection (9),
(e) not have any affixed item, other than as provided for by law.(9) The Minister may prescribe the manner in which a tear-strip may be printed on a wrapper under subsection (8)(d), including the colour, dimensions, specifications, and positioning of a tear-strip on the wrapper.
(10) The Minister may prescribe the manner in which a name referred to in subsection (3) may be printed on a cigar packet or any other form of outside packaging of cigars, including the colour, font type, font size, positioning, whether the name shall be in uppercase, lowercase, or any mix thereof and appearance of such a name.
(11) In prescribing matters referred to in subsection (1)(a) or (b) or subsection (10), the Minister shall have regard to—(a) the need to decrease the appeal of cigars,
(b) the need to increase the effectiveness of health warnings on retail packaging of cigar, and
(c) the need to reduce the ability of retail packaging of cigars to mislead consumers about the harmful effects of smoking.(12) This section applies to the retail packaging of cigars that are intended for sale by retail in the State.
(13) Subsection (6) applies to the retail packaging of cigars that are intended to be placed on the market.
(14) For the purpose of this section “cigar” means a roll of tobacco that can be consumed via a combustion process and is further defined in Article 4(1) of Directive 2011/64/EU, or a “cigarillo” as is defined in Article 8(1) of Council Directive 2007/74/EC (2).”.

As someone who battled tobacco addiction over many years, thankfully successfully for several decades now, I know one of the great canards is that smoking cigars is a harmless vice. It is often alleged that it is far less harmful to health than smoking cigarettes. Former cigarette smokers, when they smoke cigars, tend to inhale them which makes a cigar a particularly large, dangerous and poisonous cigarette.

Even in people who have never smoked cigarettes and who smoked cigars in the more traditional non-inhalational way, there is exactly zero doubt that it increases the risk of several cancers and there is still a systemic absorption of the cancer causing toxins. Therefore, it is not just a question of inhaling them into one's lungs.
I believe the industry, over the years, has indulged in a number of subtle attempts to market cigars as somehow tobacco light, as something which is less harmful, and as a vice which, perhaps, not only is less harmful but has a certain social cache. There are whole magazines in parts of the world, cigar bars and also a magazine called Cigar Aficionado. We also have people who would never ever let themselves be seen as supportive of cigarette smoking allowing their good name and celebrity brand to be associated with the smoking of cigars. For this reason, in addition to the general description of other tobacco products that the Minister put in the Bill, this would be an excellent opportunity to hammer home the message about cigars by making a simple amendment which basically and explicitly extends what the Minister has said about manufactured cigarettes, and the products used for roll-your-own tobacco, to cigars as well. It is for that reason that I ask him to consider this amendment carefully.