Finian McGrath (Dublin North Central, Independent)
Link to this: Individually | In context | Oireachtas source

378. To ask the Minister for Health if Ireland has officially responded to the objections from ten member states to the plain packaging Bill as it is obliged to do so under the EU transparency directive; if the EU Commission has given the go ahead to proceed with this Bill as is also required; if all the correct processes have been followed; and if he will confirm that there is no exposure to the taxpayer of future compensation claims from the tobacco companies; and if he will make a statement on the matter. [7876/15]

Leo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Public Health (Standardised Packaging of Tobacco) Bill was formally notified to the Commission and to Member States under the EU Technical Standards Directive (98/34/EC) and the Tobacco Products Directive (2014/40/EU) on 17 June 2014. As the Deputy has noted, detailed opinions on the proposed measures were received from a number of Member States. Ireland’s response to these opinions was submitted to the Commission on 26 January 2015. The Commission has not issued any comment on the matter. Once the stand-still period set down under the Technical Standards Directive elapsed, the legislative process for the Bill could continue. The legislation has now been passed by the Seanad, and Committee Stage of the Bill was completed in the Dáil last week.

The Government considers that the Public Health (Standardised Packaging of Tobacco) Bill 2014 is a justified and proportionate public health measure. It is very important that the threat of litigation should not be an obstacle to the introduction of important public health measures.

Seán Kyne (Galway West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

379. To ask the Minister for Health his views on concerns that some legal firms are simultaneously acting on behalf of the State in various matters and also for tobacco companies which are taking action or are threatening to take action against the State in respect of plain packaging measures; and if he will make a statement on the matter. [8072/15]

Leo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I assume the Deputy is referring to reports last week that Arthur Cox Solicitors are acting on behalf of Japan Tobacco International (JTI) and also as legal advisors to the HSE. In relation to the Standardised Packaging legislation, the legislation is being prepared by the Department of Health and not by the HSE.

The HSE has informed me that its contracting model for legal services came into effect in 2011 following a competitive tender process. The HSE’s model for legal services involves in excess of thirty law firms delivering services through four geographical panels; each panel representing a HSE Administrative Area. The law firms on these panels deliver advices and services across a broad range of areas, reflecting the breath of services and activities of the HSE. Arthur Cox Solicitors act as the service manager for the contract and provide the HSE with corporate legal advice. The HSE should be informed of any direct conflicts of interest that exist between it and other clients of service providers. The HSE indicated that they were not notified by Arthur Cox in relation to JTI, and that it is making enquiries with Arthur Cox regarding any potential conflicts of interest in this regard as a matter of urgency.