Written answers
Tuesday, 8 October 2013
Department of Health
Tobacco Control Measures
Michael Healy-Rae (Kerry South, Independent)
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513. To ask the Minister for Health in view of the fact that it has been publicly stated that if tobacco companies are not allowed to use their branding that it could breach the intellectual property rights of these companies and that these rights are guaranteed under the Irish constitution and the European Convention of Human Rights, if there is a possibility here that the Government are exposing the Irish taxpayer to a court case which could cost hundreds of millions of euros; and if he will make a statement on the matter. [41948/13]
James Reilly (Dublin North, Fine Gael)
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Work is progressing on draft heads of a bill to regulate the retail packaging of tobacco products. It is not the Government's intention to develop legislation which would be in contravention of the Irish Constitution or the European Convention of Human Rights. I cannot comment on any future possible legal challenges in this regard.
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