Two European Court of Justice rulings, one on tobacco and the other on alcohol, demonstrate the very different fortunes of the Government’s efforts to effect change on these public health issues.
Minister for Children James Reilly’s determined efforts to introduce further restrictions on tobacco, in the form of plain packaging, continue to enjoy a strong following wind. The court’s decision to throw out the objections of cigarette companies to the EU’s tobacco products directive makes it highly likely plain packaging will be introduced in Ireland as planned next May.
The court’s decision is but a preliminary one, but the final judgment seldom differs. Irish-based cigarette companies may launch new proceedings against the measure but face an uphill task in the face of this ruling.
In contrast, the Government is moving in the teeth of the gale on its proposals for minimum unit pricing for alcohol products. The European court’s lack of enthusiasm for a similar Scottish proposal does not augur well for the eventual implementation of the proposal in Ireland.
Tobacco controls
All of this is consistent with the wider success of tobacco control measures in recent years, and the lack of success in curbing the abuse of alcohol.
Plain packaging is only the latest tobacco control measure to be introduced in Ireland over the past 15 years. We were the first in the world to introduce a workplace ban on smoking, and successive governments have followed up with measures to further restrict the popularity of smoking, such as restrictions on cigarettes at the point of sale and a ban on smoking in cars.
Alcohol’s harm reaches far wider than that of tobacco: 150,000 Irish people are dependent drinkers and more than 1.35 million people are harmful drinkers. It’s also linked to a wider range of problems than tobacco, such as mental health issues, antisocial activity and violence.
Yet, in contrast to the progress made on tobacco, attempts to legislate for this reality have been beset by delays and disagreements.
Ministers spent several years arguing over a proposed ban on sponsorship of sports and arts events by drinks companies, and eventually this plan was dropped.
One of the staunchest opponents of a sponsorship ban was then minister for tourism Leo Varadkar, who has since donned a public-health hat over at the Department of Health. The Public Health (Alcohol) Bill, which provides for minimum unit pricing and restrictions on the marketing and advertising of alcohol, was eventually published last month. Because of the delays at Cabinet, it cannot pass in the lifetime of this Government.
No safe level
That was bad enough, but now the European court’s decision on minimum unit pricing threatens to rob the legislation of its most vital component.
There is no safe level at which alcohol can be consumed, a fact that seems not to have permeated the Irish conscience. However, the bulk of harm is experienced by heavy or binge drinkers, which is why targeted measures are needed to change behaviour.
By setting a floor on the price of cheap alcohol, minimum unit pricing can discourage heavy drinking and make it more attractive to consume alcohol in the controlled environment of the pub.
This makes sense in terms of public health, but there is little point in the Government progressing a measure that could well be downed in the courts.
While both sides were quick to take succour from the ruling of the European court on minimum unit pricing, the proposal remains risky from a legal point of view.
