Fine Gael TD, Mr John Deasy, is being investigated by the South Western Health Board in Dublin for smoking in the Dáil bar and if found guilty faces a fine of €3,000.
Last night, Mr Deasy, who was Fine Gael's justice spokesman, was sacked from his party's front bench over the incident. The Waterford TD smoked a number of cigarettes in the Dáil on Tuesday night.
Following the investigation the health board will decide if there is enough evidence to prosecute the Waterford TD. If a prosecution were to proceed and Mr Deasy were found guilty, he could face a maximum fine of €3,000. Under the legislation, publicans can be fined €3,000 for allowing smoking on their premises.
The Fine Gael leader, Mr Enda Kenny explaining his decision to sack Mr Deasy today said that " no politician was above the law".
"If we're to restore public confidence in the political system politicians must lead by example. No man or no woman is above the law and no politician is above the law. In that sense it's my responsibility as the party that I'm honoured to lead to enforce standards in the fine Gael party," said Mr Kenny.
He said the party's deputy justice spokesman Mr Jim O'Keeffe, had been appointed to replace him.
While the smoking incident was the catalyst for the decision, Mr Deasy has had a series of rows with the party leadership. Mr Kenny chose not to dismiss him last year despite his breaking the party whip in a Dáil vote on a justice issue.
Mr Kenny would not elaborate on his reasons for firing Mr Deasy, one of the party's younger deputies. However a senior party source said Mr Deasy "could not tolerate his justice spokesman breaking the law".
The Fine Gael press office has said it does not expect Mr Deasy to make any comment today.
A spokesperson for the Office of Tobacco Control (OTC) told ireland.comthe OTC had been encouraged with level of compliance among smokers to the ban on smoking in the work place and only those who flout the legislation or who refuse to co-operate when asked to desist from smoking in a prohibited area are being investigated.