A prisoner is seeking early release on the grounds that he should not be incarcerated in an institution where smoking is allowed.
The prisoner has now initiated legal action against the Government. Details of the case are contained in briefing material drawn up by the Department of Health for the recently appointed Minister of State, Mr Seán Power.
Prisons are one of the few locations exempted from the smoking ban under regulations introduced by the former minister for health, Mr Martin, in November 2002.
Hotel bedrooms, psychiatric hospitals, hospices, hostels for the homeless and the Central Mental Hospital are among other locations exempted from the ban under the regulations.
In the briefing material for Mr Power, which has been seen by The Irish Times, the Department advised that "a prisoner is bringing an application as a litigant in person to argue that he should not be confined in circumstances where smoking is permitted".
The Department told the Minister it believed the prisoner's sentence was likely to expire before the case ever got to court.
The Department also told Mr Power that the smoking ban was being challenged in a second case by a person who it described as a neighbour of the former minister, Mr Martin.
"A private individual [a neighbour of the former minister] is bringing a case arguing that the smoke free at work arrangements are unconstitutional.
"The case is at an early stage and is likely to peter out," the briefing document states.
