Limerick academics find Tobacco Law convictions ‘As rare as a Blue Moon’

A NEW study has revealed that Ireland’s tobacco-control laws are being enforced at strikingly low levels, despite thousands of inspections carried out every year.

The study was led by a researcher at the Technological University of Shannon (TUS), Dr. Frank Houghton and Dr. John Lombard of the University of Limerick. 

The study was published this month in Perspectives in Public Health (SAGE Publications), titled  “Examining Tobacco-Control Enforcement in Ireland 2014–2023: An Observational Study.” 

The analysis of official Health Service Executive (HSE) data shows that, while approximately eight out of ten premises inspected complied with tobacco laws, more than 1,900 premises each year were still found in breach.

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From 2014 to 2023, Environmental Health Officers (EHOs) recorded over 23,800 instances of non-compliance, yet only 267 convictions were secured, representing just 1.12% 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 ten years of official Health Service Executive (HSE) data on inspections, convictions, fines, and penalties under Ireland’s Public Health (Tobacco) Acts.

Researchers conducted secondary descriptive statistical analysis using data published annually by the HSE’s National Environmental Health Service. 

The analysis included more than 150,000 inspections carried out nationwide between 2014 and 2023, examining patterns in compliance, enforcement, and judicial outcomes.

The research found that 93% of fines imposed were €1,500 or less, while 85.5% of prosecution costs awarded were also below this level.

Over half of convictions (56.9%) resulted in a one-day or shorter suspension from the Tobacco Retail Register, and nearly one-third (32%) of convictions resulted in no suspension at all despite legislation allowing for bans of up to three months. 

Although compliance rates averaged around 80%, 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.”

The findings highlight a critical gap between Ireland’s tobacco-control goals and the day-to-day reality of enforcement, a challenge that must be addressed if the State is to meet its long-term public health targets.