Tobacco companies may be compelled to give evidence to an Oireachtas committee on the health effects, marketing and manufacture of their products.
The Joint Committee on Health and Children's Subcommittee on Health and Smoking said it was "appalled" that the companies - P.J. Carroll & Co Ltd, Gallaher (Dublin) Ltd, and John Player & Sons - had declined to give evidence.
"All three companies declined the invitation by way of letter to the subcommittee within days," said its interim report, which was published yesterday. The subcommittee "has been given powers of compellability and may resort to using these".
Mr Gay Mitchell (FG), who drafted the report, said a copy, which contains 19 questions for the industry, would be sent to the companies "in order that the tobacco industry be given every opportunity to make its views known". The companies would be asked to come before the committee voluntarily in the autumn. He said it was "difficult to understand the attitude of the smoking industry". If the companies stayed away, the committee would have to regard the "harsh" evidence it has already heard as "true and accurate".
The committee's chairman, Mr Batt O'Keeffe (FF), stressed the committee was "not concerned with making a case for litigation" against tobacco companies.
A source close to the committee said if the companies refused to attend voluntarily it might use its powers of compellability, but this could be challenged by the companies in the High Court. If the companies did not attend after being compelled and did not challenge in the court, the matter could be referred to the High Court where they could be sentenced for contempt of committee, the source said.
Mr Ian Birks, head of corporate affairs, Gallaher Group, said he had given evidence to the committee in 1998, but the company had been "unfairly represented" in a report by the committee in 1999.
A statement from P.J. Carroll & Co said the invitation to appear had to be "seen in the context of existing and threatened litigation" as well as the recommendation by the committee in its 1999 report that the Government sue the industry.
"In the current circumstances, we are not in a position to comply with this latest request." John Player & Sons did not offer a comment.