Ministers told ‘smokefree generation’ plan would breach EU law

Ministers told 'smokefree generation' plan would breach EU law

Ireland cannot follow the UK in introducing a “generation ban” on tobacco sales due to EU law, according to legal advice obtained by the Irish government.

The UK government has said it will seek to create a “smokefree generation” by increasing the age of sale by one year each year to prevent future generations from ever taking up smoking.

New Zealand, which became the first country in the world to adopt this model in 2022, has since repealed it.

Irish government ministers today announced plans to increase the age of sale to 21, the highest of any European country, in order to accelerate the goal of reducing Ireland’s adult smoking rate from the current 18 per cent to less than five per cent.

A press release announcing the move states: “Preliminary legal advice suggests Ireland cannot pursue a ‘smokefree generation’ policy as has been suggested in other jurisdictions due to the EU’s single market rules and Tobacco Products Directive.”

Health minister Stephen Donnelly said: “This is a tough new measure, but the health impacts of tobacco smoking are immense and require tough responses. I am determined to progress legislation that will protect children and young people from this lethal product and ultimately save lives.

“I am confident this measure will help young people avoid a lifetime of addiction and illness from tobacco smoking. Analysis from the U.S. Institute of Medicine shows that increasing the age of sale to 21 will act to limit the social sources of cigarettes for our children and young people under 18 as they will be less likely to be in social groups with persons who can legally purchase cigarettes.”

Colm Burke, the minister for public health, wellbeing and the National Drugs Strategy, added: “Tobacco smoking remains the biggest risk factor driving disability and death combined in our country and the life expectancy of a smoker is on average 10 years shorter than that of a person who has never smoked.

“As minister with responsibility for public health, I am committed to progressing initiatives that protect our population. Raising the minimum age of sale of tobacco is a significant action that will help create a tobacco-free generation and reduce the health harms associated with this behaviour.

“I look forward to working alongside the minister for health to introduce this life-saving measure.”

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