Passive smoke law setback for pub ban
The exemptions to the ban were finalised by the Cabinet yesterday to include guest houses, bed and breakfasts, hostels, accommodation provided for education or charitable purposes and the Central Mental Hospital, as well as outdoor places, prisons, psychiatric hospitals, hospices, nursing homes and hotel bedrooms.
While the smoking ban will now go ahead towards the end of February, with all the exemptions in place, its enforcement will be hampered by the absence of the parallel move to designate environmental tobacco smoke (ETS) as a carcinogen.
Combined with Minister for Health Micheál Martin’s smoking ban, the carcinogen regulations have been described as a double-whammy, as it will make the ban easier to enforce by placing passive smoke in the same category as asbestos, thereby increasing employers’ responsibility to protect staff or risk compensation claims.
Now new legislation will be needed to cover the implementation of the carcinogen regulations as the existing law does not cover the banning of ETS in the workplace.
After receiving legal advice from the Attorney General, Mr Ahern said the 1989 Health and Safety Act may not encompass the ban, so to remove the legal uncertainty, primary legislation is required.
The act is currently being reviewed and the heads of a bill have been published.
“That proposed bill will provide a vehicle for such amendments as are necessary to remove any legal uncertainties. It is, of course, the case that this initiative under the Health and Safety Act will not affect implementation of the smoking ban,” Mr Ahern said.
In pubs, restaurants and hotels, the ban will be policed by Environmental Health Officers from the Department of Health, health boards and the Office of Tobacco Control.
But in all other workplaces, the enforcement of the ban will fall to Health and Safety Officers, under the auspices of the Department of the Enterprise, Trade and Employment.
According to Government sources, the new legislation will be in place by February, when the ban begins to operate, and that its introduction will not have to be phased.
The Taoiseach also said that because of the hiatus between the original commencement date chosen by Minister Martin and the expiry of the three-month minimum period for all of the exemptions an adjustment is required.
“The new date that will be chosen by the Minister for Health will reflect with the expiry of the period stipulated by European law. In these circumstances, the ban, together with the exemptions, is expected to be in operation by the end of February 2004,” he said.
