Plain package proposal for cigarettes

Sir, – I refer to the article 'Tobacco firms to argue against plain packaging for cigarettes' (Home News, February 13th) in which it is stated "Speaking ahead of the meeting, Mr Murphy told The Irish Times the views contained in it [the Law Society submission] represented those of the Law Society as a whole, and its 10,000 members, and had been endorsed by the Society as a whole, rather than the Committee."

In fact, in my conversation with Harry McGee, I pointed out that the society is the representative body for 10,000 solicitors. However, I never stated that the views expressed by the society were endorsed and held by its 10,000 members.

It would be completely unrealistic to expect all 10,000 members to endorse and hold every view expressed by the Law Society. Solicitors are perfectly free to disagree on various issues and often do.

The society regularly participates in consultations on a wide range of issues that affect the public and the profession. Some 20 formal submissions were made by the society in the last two years alone. We believe the formulation of public policy benefits from this contribution of the profession’s expertise and experience. This belief is shared, it seems, by the great many Government departments, agencies and Oireachtas committees that repeatedly request the society’s input.

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While submissions are usually drafted by expert committees, the whole process operates under the governance of the society’s elected council. All submissions are seen by the council and made on behalf of the society rather than by a particular committee.

Hundreds of submissions have been made by the society over the years. Controversy has been very rare.

When the president of the Law Society, John P Shaw, and I appeared before the Joint Oireachtas Committee on Health and Children on February 13th, 2014, we made clear that the society was not in any way whatsoever defending the tobacco industry. We stated clearly that tobacco has a disastrous impact on public health and we support the policy objective of reducing smoking to the greatest extent possible.

We were and remain concerned, nevertheless, with the Irish and international legal implications of the concept of plain packaging as such. Trademarks are key assets of most international investors in Ireland. Great care should be taken in interfering with them.

The Law Society’s concern would be the same if the underlying product was a food, drink, medicine or any other product that benefits from trademark protection. – Yours, etc,

KEN MURPHY,

Director General,

Law Society of Ireland,

Blackhall Place,

Dublin 7.