Vol. 512 No. 7
11 Mr. Shatter asked the Minister for Health and Children when he will introduce legislation to implement the EU directive on tobacco advertising and sponsorship; and his views on the recommendations contained in the report, A National Anti-Smoking Strategy, published by the Joint Committee on Health and Children. [27141/99]
Shortly after becoming Minster for Health and Children I established an expert group on the issue of tobacco and health which is usually referred to as the Tobacco Free Policy Group and comprises senior health officials. Since its establishment it has monitored a number of national and international developments in the area of tobacco and health. I have received one report from it on issues arising out of litigation in the United States and I am considering this at present. A further report dealing with wider policy issues is being finalised by the group and I hope to have it early in the new year.
Each year more than 6,000 people die in Ireland from tobacco-related illnesses. They are readily replaced by new smokers, more than 80 % of whom are under legal age. There are many factors that affect this, but I am satisfied that the marketing and promotion practices of the tobacco industry are the primary cause.
We have had restrictions on advertising and sponsorship by the tobacco industry here for some years, but I am advised that prohibitions on advertising are only effective when they are comprehensive. Accordingly, I am committed to the introduction of such prohibitions. It is probable that the policy review being finalised will bring forward suggestions for other additional measures, some of which may require legislation. Accordingly, I have not yet made a final decision on the most appropriate legal instrument to be used. I will not wait to act until we have completed a lengthy deliberative and legislative process. Under existing law the levels of expenditure on tobacco advertising and sponsorship by the industry have to be approved by the Minister for Health and Children each year. In exercising these powers, I have advised the industry that, in general, I do not propose approving any further expenditure on advertising or sponsorship with effect from July next year. My officials will have further discussions in January 2000 with the interests affected to finalise the details of this arrangement.
With regard to the report of the Joint Oireachtas Committee on Health and Children, I have directed that this report be given careful and detailed consideration by the Tobacco Free Policy Group in the light of its deliberations. I expect the group will adapt its report to take account of any new ideas or initiatives that are included in the joint Oireachtas committee's report.
I am committed to putting in place an effective public health programme in this important area of tobacco and health. I am conscious that there is an increase in the number of children smoking and that further measures are necessary if we are to make any serious progress in reversing this trend. The Government has already taken the important and practical step of introducing one of the highest tax increases ever on tobacco products, 50 pense on a packet of 20 of cigarettes. While this may hit heavy smokers particularly hard, it should be borne in mind that the single most effective instrument in preventing young people from experimenting with tobacco is high price. I have also secured agreement of the Government that the proceeds from this increase will be given to the health services in funding.
Is the Minister aware of the provisions in the European Union directive that Commissioner Flynn put into place? Will he acknowledge that if we are to implement the terms of that directive in this State, legislation will be required? Will he clarify whether he proposes to introduce legislation to be effective before 1 July next to ban tobacco advertising in newspapers and to ban all tobacco sponsorship of any event in the State on any date thereafter?
I have not yet made a decision on what legal instrument is to be used because I want to consider the comprehensive report, which will incorporate some of the deliberations of the committee of which the Deputy is a member. Following receipt of that I can deal comprehensively with all facets of this matter. I indicated that under the directive a ban on tobacco advertising in the press can be delayed until July 2002 and a ban on general sponsorship can be delayed until July 2003. I indicated to the newspaper and tobacco industries that I do not intend to allow expenditure in that area from July 2000.
In relation to general sponsorship, I indicated my general intention. I asked the industry to report back to me if it has existing contractual obligations that extend beyond that date, which I am prepared to consider on an individual basis. I have given a clear signal that we want to move ahead of the indicative times set out in the directive.
Is the Minister aware that he cannot effect a total ban on tobacco advertising or sponsorship without the enactment of legislation? Is he also aware that existing legislation provides for the control of expenditure on advertising and sponsorship but not for a ban by way of statutory instrument? Will he acknowledge that if he intends to put in place such a ban, it will be necessary to publish legislation very early in the new year?
As I stated to the Deputy, there are a number of policy responses that may require primary legislation or a statutory instrument to amend existing primary legislation. The tap will be turned off in relation to expenditure on tobacco advertising in the press from July next year. I will deliberate on the legal instruments that will be required once I receive the full report from the Tobacco Free Policy Group, although I am not stating that primary or secondary legislation will be required as I have not yet advised on that. The industry has been notified that from July 2000 expenditure on those issues will no longer be permitted. We will need a response not only to this issue but to a range of issues, some of which are raised in the committee's report on enforcement powers etc. We must deal with those issues and we might as well deal with them comprehensively and, in the meantime, use this mechanism, effectively, to prevent tobacco advertising.
Arising from the recommendations referred to in that report, will the Government support a motion before the House to extend the terms of reference of the Joint Oireachtas Committee on Health and Children to facilitiate it to seek to compel the tobacco companies to disclose to the committee, documentation held by them concerning the marketing of tobacco products, the health dangers of such products and the manner in which advice is received by those companies, whose products are marketed in this State?
There are policy issues in this regard that have not yet been resolved. I note the committee's view on this and the Tobacco Free Policy Group has provided me with an interim report on the US litigation issue. The question of how that information might be published by ensuring absolute privileges requires further detailed examination.
I received the interim report and the Attorney General's advice on that and once I receive the report on the wider policy issues domestically, I will consider going to Government with a response to ascertain if we could deal with a range of issues, which may include that one.
The extension of the committee's terms of reference is different from the litigation issue.
I am aware of that, but reasons could be given why we would proceed on an inquiry basis before making a decision on whether litigation would take place, given some of the information that is available. I do not want to pre-empt what must be a Government decision on some of these matters.
