Joe Costello (Dublin Central, Labour)
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Question 613: To ask the Minister for Health his plans to amend the Public Health (Tobacco) Amendment Act 2009 to bring it into line with more flexible arrangements operating in duty free areas in United Kingdom and Northern Ireland airports; and if he will make a statement on the matter. [15255/11]

James Reilly (Dublin North, Fine Gael)
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Prior to the introduction of the point of sale advertising prohibitions provided for under the Public Health Tobacco Acts 2002 -2004, representatives of the Dublin Airport Authority (DAA) sought a meeting with the Department to explore the possibilities of an exemption from the advertising ban. Following the meeting, the DAA submitted a proposal to the then Minister that they believed was still within the spirit of the legislation. The DAA, in their submission to the Minister, cited competition from UK airports as one of the reasons why an exemption should be considered for duty free premises. The proposal was considered by the then Minister and on foot of this, a proposal was put to the Government to amend the legislation.

Section 33 of the Public Health Tobacco Acts 2002-2004 originally prohibited the advertisement of tobacco products in all retail premises; however, the legislation was amended in 2009 to provide an exemption for "duty free premises" whereby they would be allowed to have on permanent display, a pictorial list of the tobacco products sold in their outlets. The exemption from the point of sale retail prohibition requested by the DAA was provided for in respect of all duty free premises.