Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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Question 223: To ask the Minister for Health and Children if her attention has been drawn to the protocols and checklists devised by the Health Service Executive, the Office of Tobacco Control and her Department providing a series of directions and advice to environmental health officers to police and monitor the retail sector after the commencement of outstanding sections of the Public Health (Tobacco) Act 2002 and the Public Health (Tobacco) (Amendment Act) 2004; if she will provide a simple checklist to retailers of obligations to ensure compliance with the 1 July 2009 changes in display and advertising of tobacco products; and if she will make a statement on the matter. [27261/09]

Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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Question 224: To ask the Minister for Health and Children her views on whether retailers that do not sell tobacco products to persons under the age of 18 years of age should be commended in writing by environmental health officers subsequent to test purchase visits, and that such commendation would act as a positive spur to employees and management to continue in their vigilance; and if she will make a statement on the matter. [27262/09]

Mary Harney (Dublin Mid West, Progressive Democrats)
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I propose to take Questions Nos. 223 and 224 together.

The Deputies questions relate to the duties of the Environmental Health Officers of the Health Service Executive. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputies.