New tobacco penalties 'watered down'

The Irish Cancer Society (ICS) has expressed concern over what it said was a "watering down" of penalties in new tobacco rules…

The Irish Cancer Society (ICS) has expressed concern over what it said was a "watering down" of penalties in new tobacco rules following lobbying by tobacco interests.

Under the new provisions of the Public Health (Tobacco) Acts 2002 and 2004, shops will have to store cigarettes in closed containers out of sight of customers.

There will also be tighter controls on cigarette-vending machines, which will only be permitted in licensed premises and registered clubs; must be operated by tokens; and must be located within the view of a responsible member of staff.

The new regulations will enforced by environmental health officers working for the HSE. Anyone found displaying cigarettes or advertising them in-store will now be liable for a fine of up to €3,000 or up to six months in prison or both.

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However, the ICS has expressed disappointment at the intention of the Department of Health and Children to amend the measures "only a week after they have been introduced, and in the last hours of the current Dáil session".

"This will significantly water down the penalties for retailers who break the new rules as the proposal is now to leave the penalty to the discretion of the judge, with no minimum penalty for a breach of the rules," a statement from the organisation said.

Kathleen O’Meara, head of advocacy and communications with the Irish Cancer Society said: “We are therefore disturbed by the decision of the Department of Health and Children to water down that deterrent by removing the automatic penalty in the new legislation and also to rush this legislation through the Oireachtas in the last hours before the summer recess.

“This means that there with be very little deterrent in the new regime and no automatic loss of the licence to sell tobacco," she said.

Jason Michael

Jason Michael

Jason Michael is a journalist with The Irish Times