THOUSANDS of premises are hiding behind a smokescreen with just one on 100 being prosecuted for breaking the laws on tobacco.
That’s according to a new study led by a researcher at the Technological University of the Shannon (TUS). Analysis of 10 years of HSE data shows more than 23,000 breaches but only 267 convictions, with most offenders fined less than €1,500
Published this month in Perspectives in Public Health (SAGE Publications), the paper — Examining Tobacco-Control Enforcement in Ireland 2014–2023: An Observational Study — was authored by Dr Frank Houghton of TUS and Dr John Lombard of the University of Limerick.
The analysis of official HSE data shows that, while approximately eight out of 10 premises inspected complied with tobacco laws, more than 1,900 premises each year were still found in breach.
From 2014 to 2023, environmental health officers recorded over 23,800 instances of non-compliance, yet only 267 convictions were secured — representing just 1.12 per cent of all cases.
“Despite Ireland’s proud record in tobacco control, enforcement has become what I call ‘the Blue Moon Conundrum,” said Dr Frank Houghton, lecturer in social sciences at TUS and principal investigator of the Tobacco, Alcohol, and Gambling Control Group.
“There are thousands of cases of non-compliance each year, yet convictions are as rare as a blue moon. This lack of meaningful enforcement undermines the credibility of our public health legislation.”
The study analysed 10 years of official HSE data on inspections, convictions, fines, and penalties under Ireland’s Public Health (Tobacco) Acts.
The research found that 93 per cent of fines imposed were €1,500 or less, while 85.5 per cent of prosecution costs awarded were also below this level.
Over half of convictions (56.9 per cent) resulted in a one-day or shorter suspension from the Tobacco Retail Register, and nearly one-third (32 per cent) of convictions resulted in no suspension at all — despite legislation allowing for bans of up to three months.
Although compliance rates averaged around 80 per cent, the study notes no improvement over the past decade, with non-compliance levels remaining stubbornly high.
Dr Houghton and Dr Lombard recommend the introduction of fixed penalty notices, similar to on-the-spot fines, to simplify and strengthen enforcement, along with the reinstatement of minimum suspension periods for retailers who breach tobacco laws.
“Public health legislation is only effective if it’s enforced,” added Dr Houghton. “If we want to achieve a tobacco-free Ireland, we must ensure that non-compliance has real consequences.”