Vol. 510 No. 5
3 Mr. Shatter asked the Minister for Health and Children the consideration, if any, given to date to initiating legal proceedings on behalf of the State against tobacco companies similar to those initiated by the Government of the United States and to the taking of prosecutions for failure to fully comply with the provisions of section 5 of the Tobacco (Health Promotion and Protection) Act, 1988, concerning disclosure of the ingredients of tobacco products. [18657/99]
The tobacco free policy group which I established to conduct a fundamental review of tobacco and health policy is also monitoring litigation against the tobacco industry in the United States. The group prepared an interim report on this matter which was referred to the Attorney General for advice as to the method of release of the report. That advice has been received and is being examined in the Department.
With regard to disclosure by the tobacco industry of the ingredients of tobacco products the nature of the reply received from the industry is considered inadequate and representatives of the industry were informed of this at a recent meeting with Department officials. Two companies have not furnished any details to date. Officials from the Department have again requested that information. In the meantime I have instructed my officials to refer this specific matter to the Attorney General for further advice with a view to preparing a file for the Chief State Solicitor's office.
When did the internal departmental committee complete its deliberations and furnish its interim report to the Attorney General's office?
The report was submitted to the Attorney General in early October. The advice of the Attorney General on the procedure that might be used in publishing the report is dated 4 November and is being considered.
Has the Attorney General's office been asked to give a substantive view and specifically undertake the work necessary to start litigation?
The tobacco free policy group which I established has prepared an interim report. The first priority is to arrange for its publication. The question of how we proceed from here in terms of the further information required is being examined in light of the advice received from the Attorney General. I acknowledge the work done by the Joint Committee on Health and Children. Its report presented this week is being examined in the Department. I intend to bring a memorandum to Government on certain matters to ascertain how we should proceed with the case.
Will the Minister give an assurance that the Attorney General's office will be brought directly into operation in assessing the nature of the legal proceedings that should be brought? Will he indicate the communications to date, if any, between the departmental group or the Attorney General's office and the office of the Attorney General of the United States, Janet Reno, in respect of tobacco litigation in the context of the federal action commenced in the United States three weeks ago and the 18 months of preparatory work done prior to its commencement?
The tobacco free policy group has taken developments in the United States into account. The advice of the Attorney General has been sought on how its interim report should be published. I will take cognisance of this report and that of the joint committee as well as the advice of the Attorney General on how we should proceed from here. I will return to the House once I receive the Government's agreement to the proposals I will bring to it.
Is the Minister in favour of bringing civil litigation on behalf of the State, State agencies such as the health boards and Voluntary Health Insurance against the tobacco companies to recoup the cost to the State and the taxpayer of the treatment of persons with tobacco related diseases? Will he confirm that although the tobacco companies were requested in June 1998 pursuant to section 5 of the 1988 Tobacco (Health Promotion and Protection) Act to furnish to his Department the ingredients of cigarettes on sale in the State, no tobacco company has provided company specific information? Will he explain why steps have not yet been taken to institute the criminal prosecutions which can be properly brought against each tobacco company currently selling cigarettes on the Irish market for the gross violation of the statutory provisions enacted by the House?
The question of litigation will not emerge until all the evidence has been compiled. The discovery of certain documentation in that respect would be beneficial in coming to that assessment, and the way we proceed to that position is the issue that is currently exercising my mind.
Is the Minister talking about the civil action?
Before indicating Government tactics in this regard, it is important that we compile the case in full in so far as it is specific to Irish circumstances and Irish law rather than simply making assumptions in relation to the comprehensive investigation that has been made in US law, which the Deputy will appreciate is under a separate legal system. We have to take cognisance of the work which has been done in the interim report and see what further work needs to be done as part of an information gathering exercise. I take the point the Deputy makes in relation to the non-co-operation by the industry with the requirements seeking the disclosure of ingredients in tobacco products, and I have indicated that that is now a matter for the Attorney General to report to the Chief State Solicitor's office.
