Public Health (Tobacco) Act, 2002

Tobacco Free Council.

22.—(1) The Office shall establish a body to be known as the Tobacco Free Council (hereafter in this section referred to as the “Council”).

(2) The Council shall make themselves available to be consulted by the Office in relation to the performance by the Office of functions (of such a class as may be determined by the Office, with the consent of the Minister) and may give advice or an opinion to the Office regarding any matter (of such a class as may, with the consent of the Minister, be determined by the Office) falling to be decided by the Office or the performance by it of such functions.

(3) The Council shall consist of not more than 24 members of whom—

(a) 12 shall be appointed by the Minister, of whom not less than one shall be a person or persons nominated by such body or bodies as the Minister may determine being—

(i) (where the Minister makes a determination in relation to one body only) a body that has as its principal object, or

(ii) (where the Minister makes a determination in relation to more than one body) bodies that have as their principal objects,

the promotion of abstinence from smoking, and

(b) the remainder shall be appointed by the Office.

(4) The Office shall, after consultation with the Minister, determine the terms of reference and regulate the procedure of the Council.

(5) A member of the Council may be removed from office at any time—

(a) in the case of a member who is appointed by the Minister, by the Minister after consultation with the Office, and

(b) in the case of a member who was appointed by the Office, by the Office after consultation with the Minister.

(6) There may be paid by the Office to members of the Council such allowances for expenses (if any) incurred by them as the Office may, with the consent of the Minister and the Minister for Finance, determine.

(7) The Office shall have regard to any advice or opinion given by the Council in relation to any matter (of such a class as may be determined by the Office, with the consent of the Minister) falling to be decided by the Office or in relation to the performance of any function (of such a class as may be determined by the Office, with the consent of the Minister).

(8) The Office may publish any advice or opinion given to it by the Council.

(9) The failure of the Office to consult the Council or to have regard to any advice or opinion of the Council in relation to any matter falling to be decided by the Office or the performance of any function by the Office shall not invalidate any decision taken or anything done by the Office.

(10) The Office and the Minister shall endeavour to ensure that, in so far as is practicable, there are equal numbers of men and women on the Council.

(11) The Office and the Minister shall, in so far as is practicable, endeavour to ensure that persons who have experience or expertise in matters relating to public health, entertainment, communications, sport, or who are representative of persons carrying on such trades, professions or commercial or industrial activities as the Office and the Minister may determine, are represented on the Council.