Dáil Éireann Debate, Wednesday - 3 March 2004
110 Mr. P. Breen asked the Minister for Health and Children the stage he became aware that the measures implementing the smoking ban would be likely to be the subject of a legal challenge; the steps he then took to guarantee the legal soundness of all legislative measures implementing the smoking ban; and if he will make a statement on the matter. [6922/04]
View answerSince the announcement on 30 January 2003 that I would introduce measures to make workplaces smoke free in 2004 a number of groups have indicated that they might consider mounting a legal challenge to the measure. The most recent media reports indicate that a legal challenge is now less likely.
When drafting the legislation required for the introduction of the measure, legal advice was received from the Attorney General. It is not possible to guarantee that any legislation is immune from a legal challenge. An individual or group is entitled to use the courts to address whatever grievance they may have about legislation. It is not possible to pre-empt decisions of the courts.
