The Government decided to proceed with the ban on smoking in the workplace by way of regulations by the Minister for Health and Children, under the Public Health (Tobacco) Act 2002. The Government also decided, on legal advice, that it is not necessary to ban smoking in the workplace under Safety, Health and Welfare at Work Act 1989 as well as under the Public Health Act 2002.
Legal advice from the Office of the Attorney General indicated that the Health and Safety Act 1989 or regulations made under it may not encompass the banning of environmental tobacco smoke in the workplace on the grounds that environmental tobacco smoke could be considered ancillary to workplace activities. To remove this legal uncertainty it has been decided that an adjustment by means of primary legislation is required. In this regard, a review of the Health and Safety Act 1989 is currently at an advanced stage and is being drafted by the Office of the Parliamentary Counsel. The proposed Bill will provide a vehicle for such amendments as are necessary to remove any legal uncertainties.
On enactment of the Bill, it will be a matter for further consideration as to the necessity for regulations under health and safety legislation to specifically ban environmental tobacco smoke in the workplace so as to complement those regulations already made under the Public Health (Tobacco) Act 2002.
