Smoke ban to go ahead as planned but prisons may be exempted

THE smoking ban will go ahead from January 26 next year, but prisons are set to be excluded from the prohibition to prevent security and conduct problems.

After publishing the regulations to bring in the ban yesterday, Minister for Health Micheál Martin warned publicans against saying they would not enforce the ban, as environmental tobacco smoke was a carcinogen.

Taking another swipe at the anti-ban lobby, the Minister said the debate on the ban was helpful and the claim that up to 65,000 jobs would be lost in the hospitality industry severely damaged the argument of those against its introduction.

“It certainly undermined the case of those who said it would be negative,” he said.

The support the ban received at the recent Fianna Fáil Ardfheis was a significant milestone in the debate, as it came from grassroots people with no axes to grind, the minister said.

The number of medical organisations and unions who came together to support the ban and defend the his position was also a significant intervention, he said.

According to the minister, given the unique circumstances pertaining to prisons and places of detention, consultation was continuing to come up with a different way of dealing with these locations.

The minister is likely to use the 1989 Health and Safety Act, which allows prisons to be exempted from health and safety laws, if the ban posed a threat to security or conduct.

The introduction of the regulations will be overseen by a National Implementation Committee, which includes the Office of Tobacco Control, the Health and Safety Authority, the Environmental Health Officers, Health Boards and the Department of Health.

The issue of a crossover between a private dwelling and a workplace will be dealt with by protocols being laid down.

The Cabinet gave its backing to the regulations at a special meeting on Wednesday night when the forthcoming spending estimates were the main item on the agenda.

However, despite Mr Martin’s signing of the regulations, the anti-ban lobby continued to attack the decision.

The Irish Hospitality Industry Alliance (IHIA), the group claiming that 65,000 jobs will be lost when the ban is introduced, said it would be referring the regulations on smoking in the workplace to its lawyers to seek advice on a judicial review.

“We believe the Minister’s proposals are flawed on a number of grounds, including his failure to consult and his decision to ignore the legal advice given to him,” IHIA spokesman Finbar Murphy said.