Prison smoke ban not definite: McDowell
The ban is due to come into effect in all workplaces across the country on January 1, 2004. This is supposed to include prisons and psychiatric units.
Speaking on RTÉ radio yesterday, Mr McDowell said that the ban had yet to be determined in relation to prisons.
He said the Prison Service was in contact with Health Minister Mícheál Martin regarding the implementation of the ban.
He noted that the Prison Officers' Association was in favour of a total ban in jails.
Mr McDowell said: "I just have to think what's fair and what's reasonable in all of the circumstances.
"It is not illegal to smoke, yet. I don't want to produce a situation that I have a crisis for smokers who are in prison.
"I don't want to produce that, if I can avoid it."
He agreed he could have a situation whereby prisoners addicted to hard drugs could not have access to a cigarette in their own cells.
He added: "I do believe there has to be some sort of sensible, middle course on that."
The Office of Tobacco Control, which will enforce the ban, indicated earlier this week that there would be separate codes drawn up for specific sectors such as prisons and psychiatric wards.
The Justice Minister also said yesterday he was particularly concerned at the problem of hard drug abuse in jails.
"A lot of people in the prison service still remain addicted, with access to hard drugs.
"When they get out they've got a bill to pay for all their consumption in custody and they resort to crime."
Mr McDowell said he was very anxious to address other problems in prisons.
"There are aspects of the prison system I find profoundly embarrassing: the padded cell regime, that's now being addressed, and slopping out an appalling system."
Mr McDowell said that Mountjoy Jail where prisoners have to slop out was not an acceptable prison and that he was considering his options.
He said he was considering doing a land swap deal with developers whereby they would build a brand new prison in exchange for prime Government property.
