asked the Minister for Health if, in view of the recent court decision in America that tobacco companies are liable for damages for manufacturing and selling a substance, viz. tobacco, which is likely to cause cancer of the lung, he will take steps by means of a test action to secure the opinion of the Irish Courts in this matter.
Ceisteanna—Questions. Oral Answers. - Cigarette Smoking and Lung Cancer.
4.
Such research as I have been able to make in regard to the recent court proceedings in USA does not bear out the implications in the preamble to the Deputy's question. Indeed, the reports which I have seen in an Irish newspaper and in certain American publications seem to make it quite clear that finality has not been reached in the proceedings so far recorded.
These proceedings were taken by an aggrieved party on her own initiative and the taking of an action in the courts here against a tobacco manufacturer, or against a shopkeeper who sells cigarettes, would similarly be a matter for an aggrieved individual and not for the Minister for Health.
Conceding that the matter is to some extent still sub judice in America, would the Minister not agree that there appears to be some doubt in the matter and that, as there is this doubt, he has responsibility to the public to establish whether it is illegal for a manufacturer to prepare and sell to the public what is a poisonous substance and whether he is legally responsible for the consequences of his action?
A great many people have become bankrupt by taking legal proceedings where there has been a matter of doubt. In any event, the law in America is not the same as it is here.
Is it not a fact that if a manufacturer here were to introduce a poisonous substance into milk or meat or soft drinks or whatever it might be, he would be liable to prosecution either by the Health Authority or the consumer under Acts of this Oireachtas? Has the Minister not the same responsibility to establish his position clearly in relation to tobacco as he has established it in relation to these other substances?
I have no responsibility whatever in the matter.
Only for fluoridation.
I am trying to put teeth in your head.