Action against tobacco industry mooted

The Government is considering taking legal action against the tobacco industry to recoup the treatment costs of people harmed…

The Government is considering taking legal action against the tobacco industry to recoup the treatment costs of people harmed by smoking.

A leading US tobacco litigation lawyer said yesterday he believed the Government should take the action and could receive up to £18 billion if successful.

A spokesman for the Department of Health said: "The Minister has discussed the matter with the Attorney General, who has referred the issue to independent senior counsel. The Department was advised that a lot of work has been done on this."

The senior counsel would deliver an opinion by the early autumn, after which the Department and the Attorney General would give it detailed consideration.

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Mr Steve Berman, a Seattle lawyer who represented 14 US states in a suit against the US tobacco industry which eventually led to a settlement of over $200 billion, said he would "underwrite a significant portion of the cost of this action so that there is minimal risk for the Irish Government".

At a press conference yesterday, Mr Berman said he had spent six years "ensuring that the US tobacco industry paid a just price for knowingly selling a product which was damaging to people's health on a vast scale".

Mr Berman has entered into partnership with Dublin solicitors Ward and Fitzpatrick to "explore every avenue" in recovering money from the industry.

He outlined three reasons for taking the action. First, it costs billions to treat tobacco-related illnesses. Second, "litigation is the only way to get companies to tell the truth". And, third, to reduce the initiation rate of smokers.

Another partner in the firm, Mr Francis Fitzpatrick, said the cost of treating tobacco-related illnesses in the Republic was £750 million annually.

The solicitors estimated the action would cost £6-£7 million and take about three years.

Mr Phil Mason, managing director of P.J. Carroll, said the decision to take the case would clearly be up to the Attorney General.

For an international comparison, Mr Mason said: "In Australia, Germany, Spain and the UK all four governments decided there was no basis for these actions."

He said the major settlement agreement in 1998 was "a business decision rather than a defeat in court".

Mr Berman will be meeting the Minister for Health, Mr Martin, today, a Department spokesman said.