Ireland: Action against Government over Plain Cigarette Packs Begins

Source from:  The Irish Times 03/31/2015

The Japan Tobacco group has initiated action against the Government in the High Court to block the introduction of plain cigarette packs.

The move by the group, which has served legal papers with the Chief State Solicitor's Office, comes three weeks after President Higgins signed a law to ban all branded packaging in 2017.

Japan Tobacco, owner of the Benson & Hedges and Silk Cut brands, had threatened action against the State to prevent enactment of the legislation by the Oireachtas with a deadline in February. No action followed, however, when the Government pressed ahead with the legislation in the Dáil and Seanad.

The controversy prompted by that threat raised questions in Government and the charity sector over the role of Japan Tobacco's legal adviser, solicitors Arthur Cox. The firm is one of the most powerful solicitors in the State and its many public clients include the Health Service Executive and Tusla, the child and family agency.

The Irish arm Japan Tobacco, JTI Ireland, is understood to be challenging to the legislation on grounds of competence. However, its action follows a sustained lobbying campaign against law by the global tobacco industry.

The group is expected to argue that the State had no right to enact the legislation as it went further than the provisions of an EU directive. It is further expected to say that the State should have awaited the outcome of a British case before the European Court of Justice before enactment.

Minister for Children James Reilly, who championed the legislation, indicated months ago that the Government was preparing for a legal challenge. Asked last night about the High Court action, Dr Reilly said: "We will defend it robustly in the firm belief and it's in the best interest of the health and welfare of the public, especially of children."

Japan Tobacco's spokesman declined comment. The State has one week to enter an appearance in the case, after which JTI Ireland will have three weeks to furnish a detailed claim. The State must then file its defence within 28 days. Enditem