Benchmark High Court decision on tobacco control is welcomed

Dear Editor,

Ash Ireland welcomes a benchmark decision on the test purchase protocol, relating to tobacco, in the High Court last week. This protocol was developed by the Office of Tobacco Control and is implemented by Environmental Health Officers.

The High Court (Mr Justice Roderic Murphy) entirely vindicated the protocol, which facilitates Environmental Health in using children to test-purchase cigarettes in retail outlets. If the retailer sells to these children, it is then deemed to be an offence. Cigarettes must not be sold to persons under 18 years.

The potential entrapment issue relating to this practice was passed to the High Court from the local District Court in Sligo to have it tested. This is such an important decision for the health of our children. This decision also underlines the commitment and professionalism of our EHOs in taking positive action against retailers who break the law and sell killer products to our children.

This protocol has been developed by our Office of Tobacco Control and it is now firmly enshrined in our laws, and we look forward to its continued use all around the country. We congratulate all concerned with the positive outcome in the courts.

Over 6,000 people die from tobacco use in this country each year. We must do everything possible to reduce the impact of a product that kills at least 15 times more people annually than road accidents.

Yours sincerely,

Prof Luke Clancy,
Chairman of ASH Ireland