Ireland

Martin expects no legal challenge to smoke ban

The Minister for Health, Mr Martin, expects no legal challenge will be mounted against the introduction of the smoking ban in…

Piaras Murphy
Tue Mar 02 2004 - 00:00

The Minister for Health, Mr Martin, expects no legal challenge will be mounted against the introduction of the smoking ban in the workplace.

The guidelines will be basic. This is not rocket science
The Minister for Health Michael Martin

Speaking at the launch of the Office of Tobacco Control's (OTC) TV and Radio advertising campaign, Mr Martin said that "signals" he has picked up in the last two weeks have indicated that certain circles would not be mounting a legal challenge and his own legal advice on the matter from Senior Counsel, was that the Department's of Health's position was "strong and robust".

He added that guidelines for both general employers and employers in the hospitality sector would be available this afternoon on the OTC website.

"The guidelines will be basic. This is not rocket science," said Mr Martin.

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A spokesperson for Mr Martin said members of the hospitality industry has been consulted last year on proposed guidelines for operating the smoking ban in bars, restaurants and nightclubs.

From tonight two television ads on the implementation of the ban on March, 29th, will be able to be viewed on RTÉ, TG4, TV3, E4 and Sky Television.

The first phase of the campaign will aim to inform the public about the adverse health affects of second-hand tobacco smoke as well as communicating the date on which the legislation comes into effect.

The procedural guidelines for hospitality staff who find a customer smoking are:

  • Draw the customer's attention to the "No Smoking" signs and advise that they are committing an offence by smoking on the premises.
  • Advise the customer that it is also an offence for the occupier, manager and any other person for the time being in charge of the premises to permit anyone to smoke in contravention of the law.
  • Advise the customer that the business has a smoke-free policy to ensure a safe working environment for staff and customers, and that under the policy staff are obliged to refuse service to customers who persist in smoking.
  • If the customer continues to smoke you are entitled to refuse service and should immediately request that they leave the premises.
  • If the customer refuses, implement normal procedure for anti-social/illegal behaviour in the premises. Maintain an appropriate record of all such incidents and notify all staff of action taken.
  • In all cases where physical violence is threatened or encountered, notify and/or seek the assistance of the Gardaí.