Irish Cancer Society questions Law Society's position on Tobacco Packaging

The Irish Cancer Society has questioned why the Law Society has adopted the exact same position as the tobacco industry on the issue of intellectual property, at the Joint Oireachtas Committee hearings on plain packaging legislation, taking place today. Kathleen O’Meara, Head of Advocacy and Communications said the Irish Cancer Society has taken legal advice on the issue of plain packaging of cigarettes and the specific issue of intellectual property. "We are clear that this proposal will not result in the State acquiring the property rights of the tobacco industry; rather it will restrict them and this is happening already with health warnings on cigarette packs.  We question why the Law Society is only representing one side of the argument and call on the Society to explain why. Secondly, the Constitution recognises that property rights have to be balanced with the social good, such as public health. Given that tobacco kills half its users and results in 5,200 deaths per year in Ireland, it is clear that this measure is a proportional response to a serious public health problem. Tobacco companies have threatened the Government that this measure could lead to massive compensation claims. However the legal challenge by the tobacco industry in Australia failed on the grounds that plain packs do not constitute an acquisition by the State of intellectual property rights, as the State did not receive any benefit and therefore there was no requirement to pay compensation. We are advised that Ireland often follows Australia in intellectual property cases.