Lord Dodds said,
“Despite Brexit and in flagrant breach of the sovereignty of the United Kingdom, the EU continues to have authority in Northern Ireland over three hundred areas and relevant laws concerning many aspects of our economy, and much more widely, including human rights and equality.
One specific provision which applies in Northern Ireland is the EU’s second Tobacco Products Directive. The Directive requires that there should be free movement within the EU of tobacco products which satisfy its requirements. This Tobacco Bill appears incompatible with the Directive as far as Northern Ireland is concerned.
Denmark considered a similar generational smoking ban in 2022, but its Health Minister confirmed that the EU Directive blocked its introduction. The Irish Republic also refrained from a generational ban for the same reason, instead, they raised the minimum age to 21. Why should Northern Ireland be any different under the same EU rules?
Unless there is a provision in the legislation which excludes the application of the Tobacco Directive in respect of Northern Ireland, then it seems clear that the generational smoking ban cannot apply in part of the United Kingdom. The Government must clarify whether it intends to override the Directive in a four-nation approach.”
EU Law Blocks UK Tobacco Ban
11:50
In a stark warning to the Government, Lord Dodds of Duncairn has raised serious concerns that the proposed generational smoking ban cannot legally apply in Northern Ireland due to the continued enforcement of EU law under the Windsor Framework.
Speaking in the House of Lords, DUP Peer Lord Dodds highlighted that the EU’s Tobacco Products Directive still governs Northern Ireland and may override the new UK Tobacco legislation.
