Deasy to escape prosecution over smoking in Dáil bar

FINE GAEL TD John Deasy will not be prosecuted by the Office of Tobacco Control arising out of the smoking incident in the Dáil bar.

The Irish Examiner understands that the OTC has contacted the Waterford deputy in the past few weeks to inform him they will not be pursuing any action against him.

Mr Deasy could have been fined up to €3,000 for breaching the workplace smoking regulations, after he smoked a number of cigarettes in the Dáil bar last March. His action prompted Fine Gael leader Enda Kenny to sack him as the party's justice spokesman.

It is understood Mr Deasy was interviewed twice by officials attached to the OTC, who also interviewed several TDs in addition to staff who were working that night in the Dáil bar.

The incident happened last April, when Mr Deasy smoked three cigarettes in the bar. He had requested a side door to a small outdoor yard be opened so he could go outside to smoke legally. However, the Dáil superintendent did not open the door and Mr Deasy smoked the cigarettes as a "protest".

The following day, the courtyard was designated as a smoking area.

Mr Deasy was opposed to the introduction of the smoking ban and instead favoured a compromise that would take smokers and non-smokers into account.

Fine Gael leader Enda Kenny was said to be furious with Mr Deasy's behaviour and issued a statement the day after he violated the ban, saying he had been replaced as justice spokesman by Jim O'Keeffe.

In a conversation with the party leader following his sacking, Mr Deasy said he understood that Mr Kenny had no choice but to take the action, and that there were "no hard feelings".

The 36-year-old TD has been no stranger to controversy since he was elected to the Dáil in 2002.

In November of that year, he criticised former Taoiseach John Bruton's policy on Northern Ireland and Mr Kenny was said to have given him a "dressing down" at the weekly parliamentary party meeting.

In July, he defied the party whip and voted with the Government on the Immigration Bill, later issuing a statement offering his "sincere apologies" to Mr Kenny.

Mr Deasy was not available for comment last night.