The new legislation on cigarette sales proposed by the Minister for Health and Children represents a significant victory for anti-tobacco campaigners.
The state of California has long been held up as the near perfect example of everything that is anti-smoking. However, Californian legislators only recently did away with billboard advertising for tobacco and it still allows advertising in the print media. Point-of-sale advertising, and cigarettes in shops deliberately placed at the eye level of young children, is still legal.
While there is a greater social stigma attached to the dreaded weed in the US, the regulations and controls promised by the Minister would put Ireland to the "head of the class" internationally once they had passed into law.
According to the Minister, Irish health statistics dictate a strict regime is necessary. Each year 7,000 people die from smoking-related complications and 2,000 die from lung cancer. The quality of life of thousands more is affected through illness. Mr Martin's aim is to reduce the level of smoking from 31 per cent to 20 per cent in a 10-year period. Smokers have the right to know what is in a tobacco product and the harm it can do to them, he says.
The object of the legislation is to make cigarettes invisible, although without interfering with their distribution. If the laws were passed, customers would see a sign on entering a shop, which would inform them that cigarettes are on sale and of the price. However, packs of cigarettes would not be on display where children could see them. The traditional newsagent's backdrop of branded display units would end.
Self-service access to cigarette vending machines would be banned. Machines such as those in pubs would have to be placed behind the counter, to ensure children did not have access to them.
A system of registration for retailers will be introduced. It will feature a form of licensing, with strict penalties for those selling cigarettes to people under 18 (the age limit will be extended from 16 to 18). Retail outlets could be removed from the register and tobacco firms could be precluded from supplying that retailer.
The aim, according to the Minister, is to stop retailers selling cigarettes to children. Surveys have shown 12-year-old children are frequently sold cigarettes by shopkeepers. Introducing specific times of the day when cigarettes may not be sold, such as the hours when local schools finish for the day, are also being examined.
A ban on tobacco advertising in the media has been in place for some time and from the beginning of this month foreign newspapers and publications will be subject to a similar ban. According to the Minister, a complete ban on all forms of advertising is necessary because research indicates if only a 50 per cent ban is imposed a 50 per cent reduction in sales is not realised. The tobacco industry simply moves its campaigns to other media.
It also uses indirect advertising and devices such as branded lighters, clothes or sponsorship. A ban on such methods is contemplated.
There is concern at the multimillion-pound sponsorship by the tobacco industry of Formula One racing which is shown on RTE. The Minister was not pleased with the response from the RTE Authority to his suggestion RTE should use the technology available to block out the tobacco logos and that the races should be shown late at night.
The Minister believes that as part of its responsibilities as a public service broadcaster the station should not show tobacco advertisements. The station's legal advice is supportive of its stance. The Minister intends to pursue the matter vigorously with the authority.
The chairman of ASH Ireland, Dr Fenton Howell, said Ireland has always been progressive in terms of anti-tobacco legislation, but enforcement has traditionally been lax. Few resources have been allocated to public health departments to educate people about the dangers of smoking - in California £300 million has been spent in the past decade compared to around £500,000 here.
The laws would be overseen by an office of tobacco control which would ensure tighter control on existing and new laws.
"In the past even when we have had decent legislation we have singularly failed to implement it and put in place the regulations to implement it. Unless the Minister does that and puts in place the manpower the situation will remain the same. However he has given us the commitment and we would have to give him the benefit of the doubt," said Dr Howell.