Smoking ban exemptions likely to cause uproar

THE SMOKING ban unravelled further last night as it emerged that more categories are likely to be exempted from regulations.

The Irish Examiner has learned that in addition to hotel bedrooms, rooms in guest houses and bed and breakfasts (B&Bs) will likely be included in an amendment being finalised by the Attorney General and the Department of Health.

A further issue is understood to have arisen in relation to the definition of hostels, which could also be excluded from the smoking ban.

The possible addition of a further three categories on top of those announced on Thursday will prove embarrassing to the Government and add fuel to the wrath of the anti-ban lobby.

Although Health Minister Micheál Martin specifically told reporters on Thursday that rooms in B&Bs would not be exempted along with hotel bedrooms, subsequent legal problems emerged yesterday concerning the definition of the country’s 2,000 guest houses.

It now appears a virtual certainty that in addition to the nation’s 800 hotels a further 8,500 B&B bedrooms will now not be included in next year’s ban.

Discussions on exactly how B&Bs, guest houses and hostels should be defined in order to minimise the possibility of future legal challenges is understood to have taken up much of yesterday’s legal wrangling.

Legal discussions failed to conclude in time for the new amendment to be sent to Europe yesterday and will now continue over the weekend.

Although finalisation on Monday is not a certainty, a spokeswoman for Mr Martin said it was hoped that a legally solid amendment could be finalised and submitted to Europe before close of business on Monday.

“They are continuing to work on this particular amendment and are just clearing up specific legal definitions,” she said.

Last night’s developments were welcomed by Fiona Byrne of the Town and Country homes Association, which represents over 2,000 guest houses nationwide.

“I’m sure that common sense will prevail. It would be unenforceable in our homes,” she said of the proposed ban.

The move is likely to be seized upon by the Vintners Federation of Ireland (VFI), which yesterday called for exemptions to apply to all pubs whose licences cover entire dwellings.

The VFI said it was seeking immediate legal advice over what it called ill-thought out legislation, while SIPTU’s national industrial secretary with responsibility for tourism, Jack Nash, warned that hotel workers would strike.