James Browne (Wexford, Fianna Fail)
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679. To ask the Minister for Health if any of the approximately 780 HSE-funded section 39 charitable organisations that are regulated by the Charities Regulatory Authority held investments in the tobacco industry through the common investment fund up to the end of 2016; if so, his views on this; his further views on the appropriateness of investment in the tobacco industry by organisations under the remit of the Department of Justice and Equality; and if he will make a statement on the matter. [35036/17]

James Browne (Wexford, Fianna Fail)
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680. To ask the Minister for Health if he has engaged directly with the Minister for Justice and Equality in relation to the investments held in the tobacco industry by the Courts Service; his views on this; his further views on the appropriateness of investment in the tobacco industry by organisations under the remit of the Department of Justice and Equality; and if he will make a statement on the matter. [35037/17]

Catherine Byrne (Dublin South Central, Fine Gael)
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I propose to take Questions Nos. 679 and 680 together.

The Department of Health does not undertake investments of any sort, either pension or other investment funds. I have contacted the HSE regarding, the HSE funded section 39 charitable organisations that are regulated by the Charities Regulatory Authority in relation to whether they held investments in the tobacco industry through the common investment fund up to the end of 2016, and asked it to reply directly to the Deputy. If you have not received a reply within fifteen working days please contact my Private Office and they will follow-up the matter with the HSE.

In relation to guidelines on investing in the tobacco industry, Ireland has ratified and is a party to the WHO Framework Convention on Tobacco Control (FCTC). The FCTC is the first global public health treaty. It is an evidence -based treaty that reaffirms the right of all people to the highest standard of health and was developed by countries in response to the globalisation of the tobacco epidemic. It aims to tackle some of the causes of that epidemic and Ireland has made very good progress in implementing the FCTC to date.

Article 5.3 of that legally binding Convention states the following:

“In setting and implementing their public health policies with respect to tobacco control, Parties shall act to protect these policies from commercial and other vested interests of the tobacco industry in accordance with national law”.

Guidelines for the implementation of the above-mention Article 5.3 were developed to assist parties. Paragraphs 4.7 and 7.2 of the guidelines state the following:

“4.7 Government institutions and their bodies should not have any financial interest in the tobacco industry, unless they are responsible for managing a Party’s ownership in a State-owned tobacco industry.

7.2 Parties that do not have a State-owned tobacco industry should not invest in the tobacco industry and related ventures.”

My Department has informed Government Departments of their obligations under the guidelines.