Harney says in-store ban on tobacco advertising imminent

A BAN on all tobacco advertising in retail outlets and over-the-counter displays of cigarettes is imminent, Minister for Health Mary Harney has said.

The legislation, which was first contained in the Public Health (Tobacco) Acts of 2002 and 2004, was held up by a High Court challenge from the tobacco companies. Sixteen tobacco companies abandoned their attempt in January last year to have the laws declared unconstitutional and in breach of EU law and the European Convention on Human Rights.

A consultation period to agree a timetable for the implementation of the ban has been completed. Ms Harney said the provisions of the legislation will be implemented "very shortly" and are needed to "denormalise" tobacco products in the retail environment.

A survey carried out by TNS mrbi on behalf of the Office of Tobacco Control found 92 per cent of all stores had some kind of tobacco advertising and 45 per cent had sweets and chocolates displayed beside cigarettes.

Ms Harney said: "Children see tobacco occupying the most prominent display space behind the counter of retail supermarkets, shops, newsagents and petrol stations. It is placed among a whole range of familiar products in these shops creating the impression that tobacco is much more socially acceptable and commonly used than is really the case."

She said statistics that showed almost one-half of all shops were willing to sell cigarettes to underage customers were "very shocking" and a "great pity". The survey found that 48 per cent of shops were willing to sell cigarettes to underage teenagers without checking for ID, with 52 per cent refusing a sale.

Nearly two-thirds of minors were not prevented from buying cigarettes from vending machines, but when ID was asked for, 91 per cent of retailers refused sale.

The office's chief executive Éamonn Rossi said HSE environmental health officers, who enforce the ban on sales to minors, would be stepping up sting operations on retailers. In a judgment last year, the High Court cleared the way for minors to "test purchase" on behalf of the HSE.

"Test purchasing will be a key focus of the HSE this year," Mr Rossi said. "International practice has shown that this is the best way of enforcing the legislation in relation to minors."

Vincent Jennings, chief executive of the Convenience Stores and Newsagents Association, the organisation that represents small retailers, admitted he was disappointed by the figures. The percentage of stores selling tobacco to under-18s was "unacceptably high" and retailers who indulged in such practices must take responsibility for their actions.

However, he also said the figures illustrated the need for a compulsory age card for teenagers.