The Western Health Board's decision to seek an injunction against the owners of the Galway pub which has challenged the workplace smoking ban will be a test case for the new legislation.
The Office of Tobacco Control (OTC) confirmed yesterday that a prosecution by a health board in relation to any breach of the smoking ban involved a number of stages.
The first stage focused on an investigation by environmental health officers (EHOs) attached to the health board. A decision was then taken on whether to prosecute or not, and in the case of a prosecution it was up to the district justice whether to convict and what penalty to impose.
A person guilty of an offence under the law is liable on summary conviction to a fine not exceeding €3,000.
The OTC's last report, issued in May, found 97 per cent compliance with the legislation.
But a spokesman said that several breaches had been reported in certain areas of the State.