Without doubt the most important matter is the Judicial Review of the Statutory Instrument (S.I.) that commenced the fees for retailers selling tobacco products and nicotine-inhaling products from 2nd February 2026.
Heard in the High Court in Sligo over three “days”, the onus was on our side to prove to the High Court Judge (Mr Rory Mulcahy) that there was a flaw in the process and that the Minister signing the S.I. was flawed, either procedurally, administratively or in law.
While we were making the case that smaller and more rural retailers were disproportionately affected by the fee being set at the same rate for all applicants, that there was no evidence provided to the Court by the State that they had given consideration or obtained ANY data about the commercial business of Irish tobacco retailing and retailers, such as the fact that we are legally prevented from selling cigarettes at a price higher than that set by the tobacco companies as agreed by the Department of Finance.
However, our primary argument was based on case law where specific instances of Ministerial overreach were forwarded to show precedent in striking down the actions of a Minister if they have acted ultra vires.
The State commenced by suggesting that CSNA had no standing, and provided a number of arguments as to why the S.I. should remain in place. The judge at one point sought confirmation from Counsel for the State that this is a Public Health matter which was implying that it is vital and necessary legislation.
The judge will deliver judgment before the end of Term, December 19th.
