Dáil Éireann debate -
Wednesday, 4 Mar 1998

Vol. 488 No. 2

Other Questions. - Proceedings Against Tobacco Companies.

Alan Shatter

Question:

16 Mr. Shatter asked the Minister for Health and Children the progress, if any, that has been made by him with regard to the institution of court proceedings by this State and by each health board against tobacco companies for the damaging impact of their products on the health of those who use them; and if the Government intends to provide any financial assistance or protection for private citizens who are instituting or who have instituted civil court proceedings seeking damages against tobacco companies. [5945/98]

Mr. Cowen

I have established a group of senior health personnel to advise me on this matter. My officials are monitoring the litigation in the United States and other jurisdictions and when the group reports to me I will make a determination on the matter. On providing direct financial assistance for private citizens who are instituting or have instituted civil court proceedings against tobacco companies, I have decided that to follow such a course of action in respect of every individual case or firm which applies would constitute an inefficient use of public funds and could give rise to certain inequities. I have instructed officials, however, to monitor developments and to consider how the public interest might best be served in this matter.

Mr. Shatter

When did the Minister set up the committee to monitor events in the United States? Will he give the names of the members of the committee? When will the committee report to him?

Mr. Cowen

The advisory group was established in November 1997 to review the possibility of the Department or health boards taking action against the tobacco industry, to consider requests from outside groups for funding, to advise the Minister on the most appropriate strategy to be adopted in the overall public health interest, to review overall policy on tobacco and health and to report to the Minister. The group comprises senior administrative medical and legal personnel in the health services as follows: Mr. Tom Mooney, assistant secretary in the Department, Dr. J. Devine, deputy chief medical officer in the Department; Ms A. Flynn, legal adviser in the Department; Mr. M. Higgins, principal officer in the Department; Ms Mary McLoughlin, principal officer in the Department; Mr. T. Power, assistant principal officer in the Department; Mr. Donal O'Shea, chief executive officer of the North-Eastern Health Board and Mr. Pat Doorley, director of public health in the Midland Health Board. I hope to have the report within the next month or two.

Mr. Shatter

Why was no one from outside the Department and health boards appointed to the monitoring committee? Will the Minister acknowledge that litigation in this area in the United States has reached a stage where it is clear that multi-billion pound settlements will be entered into with individual states, and that this State should seek to recoup from tobacco companies the moneys the State pays to try to redress the health disaster caused by tobacco companies? Could the Minister explain why there is no representative of the Attorney General's office on the committee which has been established?

Mr. Cowen

The legal adviser of my Department will liaise with the Attorney General's office regarding legal aspects of this issue. It is an advisory group the purpose of which is to set out a preliminary position and provide an assessment as to what the position might be. As I stated at the previous Question Time, the issue has not been addressed at departmental or governmental level. It is now being sought to be addressed because of the issues in the US referred to by the Deputy and the ability to recoup funds from the tobacco industry.

I am aware of the complexity of the legal issues involved and I do not underestimate the power of the tobacco industry to seek to defend its position. Following inquiries made in the course of the previous Question Time, an advisory group will shortly provide me with a preliminary assessment of the situation. At that stage I will be in a position to decide on what further steps need to be taken and to decide if there is a capacity to bring such an action and whether or not it would be in the public interest to do so. To my knowledge, no jurisdiction in the EU has brought such an action. It is something we should monitor and seek to advance at a wider European level to ensure the necessary muscle to contend with the issues that will arise.

Ms Shortall

With regard to the approach taken by many of the American states to recouping the cost of providing medical services, has the Minister a figure for the current annual cost to the State in terms of providing medical services to those who are suffering from smoking related illnesses?

Mr. Cowen

I do not have specific figures; I will seek to obtain approximations. Two of the three biggest killers in Ireland are cancer and cardio-vascular disease. There is definite and scientific proof of the link between smoking and cancer, especially lung cancer. Smoking is also a major contributing factor to cardiovascular disease. It is a major issue and apart from trying to deal with the consequences of people suffering from cancer or cardiovascular disease, the question of prevention and cardiovascular health is part of the strategy I recently announced whereby we will improve the infrastructure for the provision of cardiac care facilities. I have also established a group which will look at the preventive side and I hope it will report to me by the end of June.

Mr. Shatter

Would the Minister not accept that there is a need for a more dynamic approach by the Government to considering litigation of this nature? Would he also agree that he should effectively declare war on the tobacco companies, as I have asked him to do on previous occasions? Would he agree that it is time for his Department to make it clear to the tobacco companies that their behaviour is unacceptable? Will he not acknowledge that it would be good use of public resources to instigate litigation to recoup the public expenditure incurred on medical care for the casualties of the tobacco industry? Would he not accept that by his refusal to provide any financial back-up, assistance or legal assistance to individuals who are taking the tobacco companies to court he is abdicating a role, leaving them in the firing line and asking them to take on the tobacco companies when the State is a much more powerful organ to do so?

Mr. Cowen

I disagree. It is the Deputy's opinion that we lack dynamism. Given the total inaction in this area prior to the Government taking office, I do not know how he would describe the performance of my predecessor, his colleague in Government. At least we are now seeking to address the issue.

I am proceeding with caution and will await an assessment of the issue. If there is a prospect of success and we can mount a challenge I am prepared to consider the matter. The Deputy is aware that many factors will be involved in that assessment.

Requests to the State to finance privately instituted proceedings by individuals are a relatively recent phenomenon. It is one to which, on principle and in the main, I would not always accede because the State will make its own assessment and, if it wishes, will bring proceedings on the basis of advice from its chief legal officers and not outside advisers. It is a matter for them and their clients if, in their assessment, they can best defend the interests of their clients by taking private proceedings.

There have recently been a couple of instances of this phenomenon which have not shown the legal profession in a good light, although I do not suggest that is the case regarding the two firms involved in these proceedings. Recently attempts have been made to position the State to involve itself in paying and bankrolling private proceedings taken by private law firms on behalf of private individuals. That is not the function of the State. The State will determine the best thing to do in all the circumstances in its own way and its own time, based on its own public interest considerations. If there are prospects of success and if the risk involved is justified by the facts I would be prepared to consider taking it. However, it would be remiss of anybody to think it is a simple assessment that can be taken overnight; it cannot.