Deasy could face €3,000 fine

Sacked Fine Gael justice spokesman John Deasy could be fined up to €3,000 for defying the new smoking ban, it emerged tonight.

Mr Deasy was dismissed from his frontbench position after he lit up in the Dáil Members’ Bar – part of the same building in which the ban was signed into law – earlier this week.

The outspoken Waterford TD enjoyed several cigarettes after staff refused him access to an outside courtyard where he wanted to smoke.

Mr Deasy seemed assured of a bright future in Irish politics after he was elevated to the opposition front bench within a month of his first election to the Dáil two years ago.

The son of former agriculture minister, Austin Deasy, the 35-year-old was once touted as a future Fine Gael leader but his political career was in tatters tonight after his dismissal from the justice portfolio.

Fine Gael Party leader Enda Kenny insisted he had no option but to dismiss Mr Deasy from his role as justice spokesman after he admitted the offence.

“If we are to restore public faith in the political system, politicians must lead by example,” he said.

“No man or woman is above the law and no politician is above the law.

“In that sense it is my responsibility to enforce standards in the Fine Gael party.”

The Office for Tobacco Control said it had referred Mr Deasy’s case to the local health board.

A spokeswoman said due process would take its course.

“The matter has been deferred to the South Western health board and they will take any action they see fit,” she added.

If the matter proceeded to a full court hearing, the maximum fine faced by Mr Deasy would be €3,000.

Mr Deasy remained tight lipped on the issue today.

Mr Kenny refused to comment on whether his colleague should be prosecuted.

“It’s not for me to interpret the law,” he said.

“I understand that the authorities in Leinster House are to discuss that matter.”

The ban on smoking in workplaces, including bars and restaurants, became law on Monday amid massive international media interest.

But within 48 hours Mr Deasy had defied the initiative.

He is understood to have tried to open an emergency exit leading from the bar to a courtyard outside on Tuesday evening.

When he found it locked he asked staff for access and was refused so he lit up a cigarette, and then had two or three more despite being told to stub them out.

By coincidence, the courtyard to which Mr Deasy sought access was later declared a designated smoking area.

A barman in the Dail said staff had dealt with the incident as best they could.

“The bar staff in question behaved effectively and did what they had to do,” he said.

A spokeswoman for the Dail said that as far as they were concerned the incident was now over.

“Events have taken off on their own but we have done our bit, we complied with the law and we will continue to do so,” she added.

The Environmental Health Officers’ Association confirmed there would be no special treatment for those involved in the incident.

“All complaints will be investigated. We have the right of access to any premises under the legislation and every premises will be dealt with in the same way,” spokeswoman Ann-Marie Part said.

“The law applies to everyone and every place and that is very clear.

“It is an offence for an individual to smoke and it is an offence for the owner, operator or person in charge of the premises to allow an individual to smoke in a specified area.”

The smoking ban may have been introduced to safeguard the well-being of employees but cigarettes may have seriously damaged the health of Mr Deasy’s political career.

The Waterford TD was one of several fresh faces introduced to the Fine Gael front bench by new leader Enda Kenny in June 2002.

Mr Deasy first fell foul of his party leader last July when he voted against his party colleagues on an immigration bill before being openly critical of Fine Gael’s public image in a magazine interview.

Despite a severe dressing down from Mr Kenny, Mr Deasy retained his frontbench position and emerged from the episode with his straight-talking reputation intact.

Only time will tell how Mr Deasy’s act of defiance will be received by the Irish electorate and dealt with by the authorities, or if there is any impact on his party.

Taoiseach Bertie Ahern urged everyone to comply with the new law.

“Legislators have special responsibility to uphold their own legislation,” he added.

Cork South West TD Jim O’Keeffe was later named as the new Fine Gael justice spokesman.