Irish Retailer Statement

Statement made by Irish retailer, Mr. Maurice Timony – September 30, 2009.

I am a licensed retailer who pays a license fee to the government to sell tobacco products. Currently, the country is swamped in legislation that is making life very difficult for compliant retailers like me. The ban on display of cigarettes is just one example of a piece of over regulation that has not been well thought through and has negatively affected my business.

As a compliant, law-abiding retailer I have a responsibility to my employees to make sure that I can continue to employ them going forward. Simply put, “enough is enough”. The display ban threatens my business and I have therefore decided to take a stand against it.

The display ban implemented in July means that I can no longer display any tobacco products or even talk to customers about them. The display ban restricts my rights under the constitution to make a living and be treated equally.

While I am compliant with the strict rules it appears that a total blind eye is turned to the illicit trade in smuggled and counterfeit cigarettes. Many people who used to buy cigarettes from me are now purchasing untaxed, sometimes fake cigarettes from people selling them out of car boots. This has resulted in a significant loss of trade for my shop and a massive loss of revenue for the state.

I have raised my serious concerns in relation to this legislation at government level in the past. However, the government simply doesn’t seem to understand what is happening on the ground and seems disinterested.

I asked the tobacco companies why they were allowing this situation to deteriorate and one company, Philip Morris, informed me that they were bringing a case challenging the display ban. I agreed to join them as a co-plaintiff in their action and they have agreed to cover my legal costs.

This gives me the ability to pursue a cause that I feel very strongly about. From this action I seek to achieve a reversal of the display ban, meaning that I can conduct my business openly, honestly and without interference from the illegal trade.