EU will not thwart Ireland's smoking ban regulations

The European Commission said yesterday that plans to introduce a Europe-wide smoking ban will not affect the Irish Government's measures, which are due to come into force early next year.

This follows claims by the Irish Hospitality Industry Alliance that the ban faced two major technical EU stumbling blocks which could delay the introduction of the ban for up to a year.

Mr Finbar Murphy, chairman of the IHIA, said an EU Directive stipulated that member-states should automatically postpone planned regulations if the European Commission was also proposing similar measures.

Mr Murphy said the EU Commissioner for Health and Consumer Protection, Mr David Byrne, and the Commissioner for Employment and Social Affairs, Ms Anna Diamantopoulou, had announced plans for a Europe-wide ban on smoking in the workplace last August.

"Our advice is clear-cut in relation to this article of the directive. These are matters as of law with no discretion. The EU only has to have announced its 'intention' in this regard for the 12-month standstill period to kick in," the IHIA chairman said.

However, a spokesman for Mr Byrne, Mr Thorsten Münch, said plans were at a very early stage and would not affect the Government's plans. "There is no reason for a delay. We don't have a timeframe and we don't know what the final result will be."

The spokesman also said that at a European Council meeting in December 2002 European health ministers had adopted a recommendation which invited member-states to introduce smoking restrictions in the workplace and other public areas. "The Irish Government is fully in line with this Council recommendation," Mr Byrne's spokesman said.

However, Mr Murphy also said it appeared that the Government had failed to submit a risk assessment with the regulations, a requirement for all governments under the same EU directive.

"We are calling on the Government to acknowledge this situation and to delay implementing its smoking ban regulations until the European Commission's proposals are published," he said.

However, Mr Münch said it appeared the Government had conducted a risk assessment and he could see no reason why the planned ban should not go ahead.