Written Answers. - Smoking Ban.
Joan Burton
Question:
95
Ms Burton
asked the
Minister for Health and Children
if the final draft of the regulations regarding smoking in the workplace has now been submitted to the EU; if he will list all exemptions; the date on which the regulations will come into operation; the steps he has taken to ensure that the regulations are not vulnerable to legal challenge; the procedures which will be put in place to monitor and ensure compliance with the regulations; and if he will make a statement on the matter.
[27547/03]
Drafts of two regulations to amend the Tobacco Smoking (Prohibition) Regulations 2003, which were prepared in consultation with the Office of the Attorney General, were notified to the European Commission on 3 November and 13 November 2003. Under European law there is a three month period during which other member states or the Commission can comment on the proposed regulations.
The specific exemptions are as follows: prisons, outdoor places, psychiatric hospitals, hospices, nursing homes, sleeping accommodation in hotels, guest houses, bed and breakfasts, accommodation provided for educational or charitable purposes and the Central Mental Hospital. The purpose of the exemptions is to treat locations, other than outdoor places, that are equivalent to a dwelling, to which the original regulations do not apply, on the same basis as dwellings. I emphasise that the fact that these locations will be exempted does not confer a right to smoke in these locations nor does it affect the duty of care that an employer has in respect of his or her employees.
Because of the gap between the commencement date provided for in the original regulations, 26 January 2004, and the expiry of the minimum three month notification period for the amending regulations, an adjustment to this date will be required. The new date will reflect the expiry of the notification period. In these circumstances, the workplace smoking ban is expected to be in operation by the end of February 2004.
The owner, occupier or person in charge of a workplace is legally responsible for ensuring compliance with these regulations. As part of the process of monitoring compliance, authorised officers from the health boards and the Office of Tobacco Control will visit premises. I expect that the majority of employers, employees and the public will comply with the new health measures which are being introduced primarily to protect people from exposure to toxic environmental tobacco smoke.
