The Office for Tobacco Control (OTC) in the Republic will be taken "all the way" to the European Court by the tobacco industry in an effort to prevent the implementation of the 2002 Tobacco Act, according to the OTC chairman, Dr Michael Boland. Dr Muiris Houston, Medical Correspondent, reports from in Helsinki.
Speaking at the World Conference on Tobacco or Health in Helsinki yesterday, he said the legal process had already begun with a claim that the Act curtailed the constitutional right to free speech.
"Cases have already been instituted against the OTC, Attorney General and the Minister for Health", he said, adding that the Camel brand had lodged a specific complaint because the Act specifically prevents "brand stretching" - a process whereby a tobacco image is used on fashion items. Dr Boland's outline of the Republic's plans to introduce a smoke-free environment in pubs, restaurants and hotels was greeted with applause.
On January 1st next year we will become the first state in Europe to introduce a smoking ban in such public places.
Asked whether he felt the ban would actually take effects in pubs, Dr Boland predicted they will go smoke free.
"I say this because of the overnight adoption of two similar measures in Ireland," he said in reference to the acceptance of the plastic bag initiative to protect the environment and the introduction of smokeless fuel in the Dublin area by the present Tánaiste, Ms Harney in 1990.
Speaking to The Irish Times after his presentation, Dr Boland said: "As we've seen here in the World Conference the opposition from vested interests, whom at present consider it a threat to their commercial interests, is not new - this has happened in many places where bans are now in place. Despite this, the overwhelming economic literature (from objective peer reviewed sources) show that bans do not have a negative effect.
"Environmental tobacco smoke is a proven human carcinogen.
"The objective of the ban is to protect the health of third parties especially workers and those who work in the hospitality sector are more vulnerable as they are exposed for longer and at higher concentrations."
Dr Fenton Howell, of ASH Ireland, who chaired a number of sessions at the conference said: "Practically every well conducted study looking at the economic impact of such a ban showed no negative impact on business.
"The only research that showed an impact is that funded by the tobacco industry.
"Similar doomsday scenarios were predicted for theatres, cinemas, airlines, duty free and newspaper advertising when smoking bans were implemented and absolutely none came to pass. We should not forget that," he added.
