Written Answers. - Smoking Ban.
Paul Kehoe
Question:
77
Mr. Kehoe
asked the
Tánaiste
and Minister for Enterprise, Trade and Employment if it is necessary to implement the proposed smoking ban by means of both public health rules and occupational health and safety regulations; and if she will make a statement on the matter.
[21675/03]
Paul Kehoe
Question:
78
Mr. Kehoe
asked the
Tánaiste
and Minister for Enterprise, Trade and Employment if her Department or the Health and Safety Authority will carry out an economic assessment of the proposed smoking ban before final decisions are taken; and if she will make a statement on the matter.
[21676/03]
Paul Kehoe
Question:
79
Mr. Kehoe
asked the
Tánaiste
and Minister for Enterprise, Trade and Employment the number of additional officials which will be recruited by the HSA to implement the smoking ban; the annual cost of same; and if she will make a statement on the matter.
[21678/03]
Paul Kehoe
Question:
80
Mr. Kehoe
asked the
Tánaiste
and Minister for Enterprise, Trade and Employment if her Department or the HSA has estimated the likely cost compliance burden falling on the entire enterprise sector arising from the proposed amendments to the carcinogens regulation; and if she will make a statement on the matter.
[21679/03]
Paul Kehoe
Question:
81
Mr. Kehoe
asked the
Tánaiste
and Minister for Enterprise, Trade and Employment if the designation by Government of environmental tobacco smoke as a carcinogen will result in an increase in litigation against employers as ETS will be confirmed as a cancer causing agent, thereby facilitating litigation; and if she will make a statement on the matter.
[21680/03]
Paul Kehoe
Question:
82
Mr. Kehoe
asked the
Tánaiste
and Minister for Enterprise, Trade and Employment if she has considered the aspect of litigation of the proposed ban on smoking, in particular the possibility of retroactive claims; and if she will make a statement on the matter.
[21681/03]
Paul Kehoe
Question:
83
Mr. Kehoe
asked the
Tánaiste
and Minister for Enterprise, Trade and Employment the advice she will give employers who are sued by their employees on foot of the amendments proposed to the carcinogens regulations; and if she will make a statement on the matter.
[21682/03]
Paul Kehoe
Question:
85
Mr. Kehoe
asked the
Tánaiste
and Minister for Enterprise, Trade and Employment if small businesses employing fewer than five persons and family run businesses will be exempt from the proposed smoking ban, if no such relief is envisaged, the reasons which lie behind this decision; and if she will make a statement on the matter.
[21684/03]
I propose to take Questions Nos. 77 to 83, inclusive, and Question No. 85 together.
The Health and Safety Authority has recently concluded a nationwide public consultation process on smoking in the workplace during which it has been listening to a wide range of views. The purpose of the public consultation process was to present to employers, workers and members of the public the scientific evidence which showed that environmental tobacco smoke, ETS, causes serious illnesses including cancer and heart disease, to explain the proposed legislative change and to listen to the views of the public, employers and workers on the matter.
The views which emerged in the nationwide public consultation process ranged from those totally opposed to smoking in the workplace on health grounds to those who feel their livelihood would be threatened by an outright ban on smoking in the workplace. Following the nationwide public consultation process the Health and Safety Authority met with interested parties who wished to add further to and reinforce their viewpoints.
The Health and Safety Authority is urgently formulating a report on the matter which is to be considered by the authority's October board meeting and will then be submitted to me for consideration. Depending on the contents of the report and the advice contained therein, the main course of action open to me is an amendment of the Safety, Health and Welfare at Work (Carcinogens) Regulations, (SI 078 of 2001). Such an amendment may either be an outright ban on tobacco smoke in the workplace on the grounds that it is a carcinogen or that smoking could be severely limited and controlled in the workplace.
While explaining the powers available to me I would like to remind Deputies that the Minister for Health and Children has announced his intention to ban smoking in all places of work from the perspective of public health. Existing Irish legislation prohibits or restricts smoking in many public places, and protects a significant number of employees from passive smoking in the workplace. However, there are significant exemptions: restricted smoking is allowed in restaurants, pubs, nightclubs, bookies, hospitals and many other workplaces. The legislative measures being considered relate specifically to the dangers of passive smoking, that is, involuntary smoking in the workplace, where workers have no choice but to inhale the smoke fumes of others.
Under existing health and safety legislation, all employers are required to have a safety statement in place that outlines how the organisation manages safety and health in the workplace, taking into account an identification of the hazards and an assessment of the risks that exist, including those from environmental tobacco smoke.
The consultation process referred to above followed the report of an independent scientific working group commissioned by the Health and Safety Authority and the Office of Tobacco Control which concluded that ETS is a carcinogenic i.e. it causes lung cancer and probably other cancers and heart disease, and has many other adverse effects including respiratory diseases, risks to babies, irritation of the eyes and nose and other effects.
The economic impact of not introducing a ban on environmental tobacco smoke in the workplace is considerable given the risks involved, the costs to the health services and in downtime due to absences from work arising from associated illnesses, not to mention quality of life. In any event any revision to the carcinogens regulations would not involve new work practices, processes or interventions such as engineering control measures or collective or personal protective equipment, thereby not imposing any significant costs to employers.
In regard to the general issue of litigation, smoking has always been a voluntary activity, which the Government has never promoted. Any party considering litigation would be well advised to consult his or her legal adviser. In any case it is not my function to advise on litigation or claims. There are no plans to recruit additional staff for the Health and Safety Authority. The question of implementation and enforcement of the ban will have to be addressed.
The issue of the banning of environmental tobacco smoke is one of worker health and safety. In a situation where scientific evidence clearly indicates that ETS is a carcinogen, the exemption of certain workers from the application of a ban on ETS would be to suggest that one category of workers is more worthy of protection than another.
Paul Kehoe
Question:
84
Mr. Kehoe
asked the
Tánaiste
and Minister for Enterprise, Trade and Employment if the cost of insurance to employers will rise as a consequence of the proposed smoking ban in the workplace; if so, the amount of such a rise; and if she will make a statement on the matter.
[21683/03]
There is no evidence to suggest that there will be any change in the cost of insurance to employers as a consequence of the proposed smoking ban in the workplace. If the Deputy has any information to suggest otherwise perhaps he will bring it to my attention.
Question No. 85 answered with Question No. 77.
