The Minister for Health and Children is "no match" for tobacco companies, the Labour Party claimed today after it emerged that tough laws aimed at reducing smoking were against European Union law.
But the Minister for Health, Mr Martin, intends to reintroduce the measures applying stricter control over tobacco advertising and promotion in the next six months, a Department spokesman said. Regulations governing smoking in public places are expected sooner.
Labour Health spokesperson, Ms Liz McManus, today said the Minister had made "another fine mess".
"Whether it be providing services for the sick, caring for the disabled, sorting-out the crisis in A&E, or now imposing restrictions on tobacco companies, Micheál Martin's record is now a growing litany of failures," she said.
The Department is to shelve 14 out of 53 provisions in the Public Health (Tobacco) Act, 2002, because tobacco companies have taken legal action against the legislation - which went on the statute books last March - because they believe it contravenes the EU Transparency Directive.
The directive requires the European Commission (EC) be notified of legislation that could have an effect on other member states and that the states be given three months notice before the regulations are imposed.
Counsel for the Department of Health yesterday conceded in the High Court that the EC should have been informed about a number of sections of the legislation. However, Mr Frank Clarke SC, told the court that the Minster intended to proceed with other sections of the Act because they did not contrave the directive.
The case returns to the High Court on Monday. Gallaher Tobacco, who took the case are not making comment until the conclusion of the case.