Keith Swanick (Fianna Fail) | Oireachtas source

All Senators will have heard me talk of investments of public moneys in the tobacco industry. It is something I have raised time and time again. For over a year I have been working with Deputy Seán Fleming, who has done great work with me to expose this hypocrisy. Colleagues here have unanimously passed motions on this topic and I thank them for doing so. Last year, through Deputy Jack Chambers, we received information about the Courts Service holding investments in the tobacco industry. I will read an extract from a letter which I received from Mr. Justice Peter Kelly, President of the High Court, in response to a joint letter sent to him by both myself and Deputy Fleming. In it, we appealed to him to assist in bringing an end to investment in tobacco companies by the Courts Service. His response stated:

Court funds are invested in accordance with the Trustee (Authorised Investment) legislation and a number of other legislative provisions. Should the Government determine a policy and or amend legislation as to how certain funds are to be invested, including the exclusion of certain stocks, the Courts Service and the Investments Committee, will, in conjunction with the Judiciary, take account of that.

This effectively says that the Courts Service would not invest in the tobacco industry if the Oireachtas made it illegal to do so. In other words, there is no law prohibiting it from investing in the tobacco industry and therefore it is okay. Well, it is not okay, it is a joke. Before last Christmas, it took the threat of legislation from myself to force the NTMA to divest all of its stock in the tobacco industry. Is this what it is going to take for the Courts Service to divest also? Will I need to threaten it with legislation?

Over three months ago, I wrote to the Minister for Justice and Equality, Deputy Flanagan, about the issue. I received an acknowledgment but no response. It is morally and ethically untenable for the Minister for Justice and Equality and his Department to turn a blind eye to these investments, when it is known from the World Health Organization, that one out of two users of tobacco will die from the product. I reiterate that just because something is not illegal does not mean it is acceptable. I ask the Deputy Leader to bring my concerns to the Minister, Deputy Flanagan, and to encourage him to give me a comprehensive response instead of this half-hearted fob off.