Damien English (Meath West, Fine Gael)
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Question 531: To ask the Minister for Health if his attention has been drawn to the fact that the Australian Government has introduced legislation requiring plain or generic packaging for cigarettes from 1 July 2012; if he is considering introducing plain packaging on cigarettes here; if he or the tobacco policy review group have sought legal advice on whether such legislation would be permissible here in the context of domestic, European and international intellectual property and trade law; and if he will make a statement on the matter. [30729/11]

James Reilly (Dublin North, Fine Gael)
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I previously indicated to the House in May that I am aware that the Australian Government has initiated legislation requiring plain packaging for cigarettes. My Department receives regular updates from the Australian Embassy as to the progress of this legislation, which is currently being debated in the Australian Senate. It should be noted, however, that on June 27 2011, Philip Morris Asia (PMA) initiated legal action against the introduction of this legislation. The company announced that it had served a notice of claim on the Australian Government, stating its intention to pursue legal action over plans to introduce plain packaging in Australia for tobacco products.

With regards to the possibility of introducing plain packaging here in Ireland, I believe it is one of a range of measures under consideration by the Tobacco Policy Review Group (TPRG). I anticipate that the report of the TPRG will be completed in the coming months and I will consider the recommendations therein with a view, thereafter, to bringing the Review outcomes to Government for consideration.

I am also aware that plain packaging is being considered in the context of the possible revision of the Tobacco Products Directive and I await with anticipation the Commission's legislative proposal in this regard which is due in the first half of 2012. The outcome of this forthcoming revision of the Tobacco Products Directive and the outcome of the Australian litigation will further inform future policy in this area.

Damien English (Meath West, Fine Gael)
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Question 532: To ask the Minister for Health when he will introduce the necessary regulations requiring graphic health warnings on cigarette packets as provided for in the Public Health (Tobacco) (Amendment) Act 2011; the allotted time period after the regulation has been signed for industry to comply with the new law; if he will ensure that all deadlines are met; and if he will make a statement on the matter. [30730/11]

James Reilly (Dublin North, Fine Gael)
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Section 5 of the Public Health (Tobacco) (Amendment) Acts 2002 - 2011 sets out the penalties for those guilty of any offences under the Act including non-compliance with the time-frames which will be set out in the new Regulations.

Damien English (Meath West, Fine Gael)
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Question 533: To ask the Minister for Health when he will introduce the Tobacco Products (Control of Advertising, Sponsorship and Sales promotion) Regulations 2011; if this regulation will set a mandatory pricing level below which cigarette prices cannot be lowered; his views that this mechanism will ensure that cheap tobacco products do not now become available on the Irish market; and if he will make a statement on the matter. [30731/11]

James Reilly (Dublin North, Fine Gael)
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In March 2010, the European Court of Justice ruled that Ireland, by imposing minimum retail prices for cigarettes, was in contravention of Article 9(1) of Council Directive 95/59/EC of 27 November 1995 on taxes other than turnover taxes which affect the consumption of manufactured tobacco. The revised draft Regulations have now been forwarded to the European Commission to ensure that they align the Irish legislation with Article 9(1) of the Directive.

As a consequence of the Court judgement, Ireland can no longer set a mandatory pricing level below which cigarette prices cannot be lowered, as this would be restricting the freedom of industry to make effective use of competitive advantage. However, the regulations do contain a range of measures to ensure that quantitative rebates, which are outside the scope of the Directive and are unrelated to cost differences, are prohibited.