Vol. 562 No. 6
49 Mr. Howlin asked the Minister for Health and Children the total legal costs incurred by his Department as a result of the successful High Court case taken by a number of tobacco companies challenging sections of the Public Health (Tobacco) Act 2002, which the judge in the case described as being fatally flawed from the outset; if it is intended to re-enact the Act; and if he will make a statement on the matter. [6634/03]
The challenge to the Public Health (Tobacco) Act 2002 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.
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. 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 their enforceability.
