Smokers urged to back European legal challenge to smoke ban

SMOKERS are being asked to put their money where their mouths are and help fund a European legal challenge to the ban on smoking in pubs.

Publicans and legal eagles from Britain, the Netherlands and Germany arrived in Waterford yesterday for the launch of an EU fundraising drive. They fear that the ban will spread across the EU and could have a disastrous impact on their trade.

The European Smokers Against Discrimination campaigners are selling lighters at €1.70 each in pubs across Waterford and Kilkenny and hope to distribute them nationwide in the coming days. There are also plans to launch similar fundraisers across the EU.

One euro of the fee paid goes towards the initial €15,000 cost of a barrister lodging papers with the European Court, challenging the ban. The overall cost of the challenge could be more than ten times greater.

“We feel that the smoking ban was imposed rather than implemented,” said Irish campaign organiser James Croke. He said smokers like himself are standing outside pubs, complaining about being pushed out into the cold. Now is their chance to band together.

“We’re asking Micheál Martin to suspend this ban, pending our appeal to the European Court. We don’t want people blowing smoke in our faces. But we also feel that smokers have been discriminated against and that separate smoking areas, with proper ventilation, should be provided inside pubs as a compromise solution,” said the 30-year-old carpenter.

The Department of Health says that it has no intention of suspending the ban. Warnings have been issued to several premises, but nobody is facing the threat of conviction at present for a breech of the ban.

Waterford publican, Paul Reid, said business in his three premises is down significantly, by as much as 20% in one case.

While the increasing price of drink - mostly because of ever-increasing taxes and levies - is a factor, the smoking ban has put a significant dent in trade. “We’re not looking for the ban to be overturned. A compromise of smoking rooms is a solution. We have always been a “live for today” type of nation.

“By imposing this ban, the government has sought to change our habits and our culture overnight. And it’s having a detrimental impact on trade. Other people are replicating the Irish pub theme all over the world. Yet our government seems to be hell-bent on trying to destroy it,” said the owner of T&H Doolans, The Strand and the Bothair Buidhe. Vintners in Galway have already said that they are going to support fellow publican Ronan Lawless’ legal challenge to the ban.

A similar action is being proposed in Cork, backed by hackney driver Liam O’Riordan.