Vol. 561 No. 4
389 Mr. J. O'Keeffe asked the Minister for Health and Children further to Parliamentary Question No 275 of 12 February 2003, the reason the necessary procedures regarding the notification to the EU Commission of aspects of the Public Health (Tobacco) Act 2002 were not followed; the costs which arise from this error; and if he will make a statement on the matter. [4742/03]
As the Public Health (Tobacco) Act, 2002 is a public health measure it was considered that it was not notifiable to the Commission as a technical regulation. It was also considered that the requirement to introduce commencement orders in the case of the Act would allow for notification of the commencement order in draft form thereby meeting the requirements of the transparency directives. However, following correspondence and discussions with EU Commission officials on this matter and having obtained legal advice from the Attorney General it became clear that any attempt to commence the affected sections would result in considerable uncertainty as to the enforceability of sections in question.
The challenge to the Act in the courts by the tobacco industry comprised three sets of proceedings. In one of these cases no order for costs was made. In the other two cases an order for the State defendants to pay the legal costs was made. The precise amount of legal costs payable will be determined by the Taxing Master of the High Court upon a claim being made by the plaintiffs. In addition, the State will be responsible for its own legal costs.
