Tobacco industry use the Windsor Framework to undermine Government proposals for a generational smoking ban
Tobacco industry lobbyists are using the Windsor Framework in an attempt to undermine the government’s proposals for a generational smoking ban across the United Kingdom, by highlighting Northern Ireland’s continued subjection to EU regulations.
In correspondence seen by the News Letter, tobacco firm JTI UK has written to Stormont ministers to say such a ban in Northern Ireland “would be incompatible” with an EU regulation on smoking products “and so liable to be disapplied in Northern Ireland”.
The EU rule, known as TPD2, has been interpreted as a block on similar laws in some EU states – such as the Republic of Ireland and Denmark. There have also been questions over how an NI ban would work if cigarettes are still available to adults across the border.
However, the UK government says it “intends to apply the Bill UK-wide”, arguing that it has been developed in partnership with the Scottish Government, the Welsh Government and the Northern Ireland Executive. A Stormont health department spokesperson said “consideration of Windsor Framework implications is a matter for the UK Government, as it pertains to a Westminster Bill”.
Any national legislation will need a legislative consent motion at Stormont for it to be applicable in Northern Ireland. In May, MLAs backed a smoking ban – introduced by the previous government – amid questions about whether it could even apply in NI because of the Windsor Framework.
During the debate, TUV leader Jim Allister (then an MLA) raised significant questions about the ability of the Assembly to extend the generational smoking ban to Northern Ireland. The law would ban anyone born after 2009 from buying cigarettes and other tobacco products.
Mr Allister cited the examples of the Republic of Ireland and Denmark who were unable to introduce a similar ban because of an EU regulation on tobacco products.
The Alliance Party had then attempted to blame Brexit for the potential inability of MLAs to legislate on the issue – prompting Mr Allister to point out that it was the NI Protocol which the party supported which had kept EU legislation such as the European Tobacco Products Directive active in Northern Ireland.