Dublin: Tobacco Producers Set To Challenge Ireland's Plain Packs Health Law

Tobacco producing nations are expected to challenge Ireland’s move to outlaw branded tobacco packaging, the new junior jobs minister has been warned by his department.

Ireland will likely face a constitutional challenge and complaints to the World Trade Organisation (WTO) over the anti-smoking move, Ged Nash was told by his officials.

Countries and firms are watching events as it may dictate how governments legislate for other harmful goods such as alcohol and fats, officials say. Global tobacco giant Philip Morris also said this week it would sue Britain for £11bn if plain packaging for cigarettes is enforced there.

More INFO: www.ash.org.uk &  www.patient.co.uk/health/smoking-the-facts &

www.cdc.gov/tobacco/data_statistics/Fact_sheets/fast_facts/ 

Documents obtained by the Irish Examiner show officials told Mr Nash that Ireland faces “scrutiny and questioning” on the new law at a key WTO meeting in November.

Australia is already facing challenges from Cuba and Indonesia among nations to its ban on tobacco branding. The tobacco producing countries claim the rules breach trade and intellectual property regulations.

Department of Jobs, Enterprise and Innovation briefing notes for Mr Nash released under Freedom of Information outline what lies ahead for Ireland in the tobacco dispute.

“Ireland might expect to have (a) a constitutional challenge and (b) to have complaints against it at the WTO, by producing countries,” it states.

The notes were drawn up by two department assistant secretaries general.

Following publication in June by the Government of the plain packaging legislation, the bill was sent for approval to the European Commission and WTO.

Objections can be lodged with the commission until December, while the WTO will discuss barriers to trade the law may create at a meeting later this year. TDs will not have a final vote on the law until 2015, after it is examined in Brussels.

The private briefing papers, given to Mr Nash last month, say Ireland has “come under scrutiny” at a WTO committee on technical barriers to trade. This is “because our new legislation on tobacco is seen by some WTO members as inhibiting fair trade under the rules” of the organisation.

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Formal dispute settlement proceedings against Australia through the WTO have already been brought by Cuba and Indonesia over plain tobacco packaging there. The briefing for Mr Nash notes that up to 30 countries are monitoring that case and this indicates “the extent of interest” in the ban.

Any legal case against Ireland will be taken on constitutional grounds with claims the packaging ban infringes intellectual property rights under article 40 and 43.

Tobacco companies could lodge massive claims. But the Government is expected to argue that property rights have to be balanced with social good, such as public health. Health charities say the branding ban may reduce the 5,200 yearly smoking-related deaths.

Australia has already defeated a similar legal challenge. Smoking rates there dropped by 15% in recent years.

The dispute may also have implications on how alcohol, sugar and fats are legislated for, officials say.

The Irish Examiner revealed this week that German businesses and MEPs asked Enda Kenny to scrap the plans.

Cork: School Pupil (5) Jabbed By Junkie's Discarded Needle In Playground

A five-year-old schoolboy was jabbed by a heroin addict’s needle which was thrown into his school’s play area minutes before break time yesterday.

The child, who attends North Presentation primary school on the north side of Cork City, picked it up unaware of the danger and was jabbed in the hand, puncturing his skin.

Principal Kathleen Haverty said teachers became aware of the incident immediately, contacted the boy’s parents, and a member of staff accompanied them to the Mercy University Hospital where the boy underwent a series of tests.

He and his family now face an anxious wait for results to see if he has contracted any diseases from the dirty needle.

The school has reported the incident to gardaí.

Ms Haverty said the overwhelming concern of teaching staff and the school’s board of management was for this child’s welfare, and that of all their pupils.

“We deeply regret what happened but this is a problem outside the school which visited the school,” she said. “The school caretaker checked the yard for hazards minutes before playtime and it was clear.”

She said the school will work with gardaí and other agencies to try and ensure this kind of incident never happens again.

“We will have to take additional precautions in future, but we don’t want the school to become a fortress,” she said.

She also confirmed that the school flagged concerns to gardaí some weeks ago about what she described as “antisocial behaviour” occurring in some of the lanes around Gerald Griffin Street.

Earlier yesterday, parents dropping children off at the school reported seeing a man “shooting up” in the area before classes started.

He was escorted away, but two people who returned later also reportedly began shooting up before they were also asked to leave.

The shocking jabbing incident prompted Sinn Fein Cllr Thomas Gould to lead fresh calls last night for urgent action from a range of state agencies to tackle the city's growing heroin crisis.

He said gardai must be provided with the resources to mount more foot patrols in this and other areas where open heroin abuse is on the rise.

"Garda resources are being concentrated in the city at weekends but this incident highlights the need for more day-time patrols in certain parts of the city," he said.

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"If the people responsible for discarding this needle by just throwing it over the wall of a school are found to be tenants of Cork City Council, they have to be evicted.

"The council has a responsibility to the community.

"And if they are renting privately, then their landlord must take responsibility and deal with the situation."

This incident occurred on the same day reports emerged that several heroin needles were found amongst bags of rubbish dumped near playing pitches at St Vincent's GAA club.

Mr Gould said it is now clear that heroin is a growing problem across the city.

Earlier this year, southside Independent Cllr Mick Finn warned that parts of the city were off limits because of heroin use, and that used needles were being found in housing estates, parks, graveyards and public facilities.

Last year, heroin paraphernalia was found in St Finbarr’s Church in the South Parish.

Special sharps bins have been installed in some public toilets in the city centre in a bid to encourage those injecting heroin or methadone to dispose of their needles responsibly.