Stephen Donnelly (Wicklow, Fianna Fail) | Oireachtas source

I thank the Senator for tabling these amendments. While I cannot accept them, I support the Senator's intention here in respect of reducing the prevalence of smoking. I looked into this matter in some detail and it was the subject of discussion, I believe, on Second Stage here and certainly during previous Stages in the Dáil and the health committee. Senator Boyhan is not alone in what he is proposing in these amendments. If my understanding of his intention is wrong, he can correct me.My understanding is that it is to remove a potential price incentive for people to buy more cigarettes. This is on the basis that if they buy more cigarettes they will smoke more cigarettes. I certainly agree with the intention. We looked into this in some detail and it turns out that it has been tried before. In fact it was tried 21 years ago in the tobacco Act 2002. Unfortunately it was not accepted by the European Union. I have the relevant provision in case Senators want to look at it. While the exact wording is not exactly the same as Senator Boyhan's amendment, it is similar. The relevant provision is section 38(9) of the 2002 Act. The original provision had to be repealed. It was replaced by a more limited measure that prohibited promotions such as "buy one, get one free". This was done to comply with the EU regulations.

I cannot accept the amendment but I entirely agree with the intent. There are two additional things to consider. I have discussed this with the public health team in the Department. It has taken a look at the literature and said the evidence is not yet established, which is counterintuitive for me anyway, that packs of 30 versus packs of 20 lead to more per person consumption. Intuitively we would all think that they would do so but it is interesting that the advice I have from the Department is that the evidence is not yet there. One of the reasons our tobacco control approach is working is that it is evidence-based. The evidence may emerge. To be honest, instinctively and intuitively I agree with Senator Boyhan.

The second reason goes back to the EU directive. If we were to change this we would be looking at a delay of three months or maybe six months. I appreciate that if Senator Boyhan wants to call a vote on it this is exactly what he will do. I hear him. We looked into this in some detail and the advice I have is that as the amendment is currently tabled we would have to repeal the provision, which is not something we want to do. It would be an unenviable position to be taken to court by these tobacco companies and have to change our law on that basis or at a direction from the EU.

On the basis of these amendments being tabled, I will ask the Department and the officials to see whether there is any flexibility, subject to EU regulations. We are on the same page. Essentially what we are saying is that we do not want retailers using price differentials or promotional activities to encourage smoking. I thank Senator Boyhan for his amendments and contribution.