Examining tobacco-control enforcement in Ireland 2014-2023: an observational study.

Abstract

Aims: Smoking continues to pose a significant threat to health and well-being in Ireland. However, concerns have been raised about the enforcement of public health legislation in Ireland. The WHO has noted that enforcement of tobacco-control legislation is a vital factor in reducing tobacco-related harm. This research therefore sought to explore convictions, penalties, and associated costs imposed in the period 2014-2023 under various sections of the Public Health (Tobacco) Act 2002 as amended.

Method: This article is based on secondary descriptive statistical analysis of tobacco conviction data released annually by the Health Service Executive's (HSE) National Environmental Health Service.

Results: Over 1900 inspections annually identify evidence of non-compliance with tobacco-control legislation. Convictions for non-compliance are rare, with 1.12% of instances of non-compliance resulting in a conviction. In total, 93.1% of fines and 85.5% of costs charged were for sums of €1500 or less. Convictions under the tobacco-control legislation resulting in a 1-day ban or less on tobacco sales occurred in 56.9% of convictions.

Conclusion: The penalties imposed, which are at judicial discretion, are routinely far below the maximum possible under the Acts. The introduction of fixed penalty notices is recommended, as well as the re-introduction of minimum periods of removal from the Tobacco Retail Register to prohibit tobacco sales. The low level of enforcement and minimal penalties imposed undermine tobacco control in Ireland.