The controversy about the Government's ban on smoking in pubs took a new twist yesterday when the Fianna Fáil chairman of the Western Health Board (WHB) and former Galway mayor, Cllr Val Hanley, resigned.
The resignation of Mr Hanley came as the Taoiseach, Mr Ahern, again refused to enter the controversy provoked by Minister of State, Mr Frank Fahey's criticism of the smoking ban.
Asked if Mr Ahern would be in contact with the Galway East TD, his spokeswoman said: "The Taoiseach is constantly in touch with all of his ministers, senior and junior.
"The smoking ban is going to be implemented. The decision has been made. It will be implemented in January. That is still the case," she said.
For the fourth day in a row, Mr Fahey could not be contacted by The Irish Times yesterday.
In his resignation address at yesterday's monthly WHB meeting, Mr Hanley trenchantly criticised the Minister for Health and Children, Mr Martin, for a failure to consult or to compromise on the issue.
Mr Hanley, an executive council member of the Vintners' Federation of Ireland (VFI), has already expressed his opposition to the controversial ban, and Galway publicans are due to meet to consider joining their Kerry colleagues in refusing to implement the legislation when it comes into force on January 1st.
Mr Hanley said that, for this reason and the fact that he is a member of the VFI union, he believed his position as chair of the WHB to be untenable.
"This piece of legislation was sneaked in on the back of legislation on tobacco consumption," he said. "There was no debate, it was undemocratic. If it was voted on now, it would lose."
Mr Hanley said that publicans believed the legislation was introduced as a "tactic" to "take the heat off" other more serious health issues.
"I will continue to look for common sense, a common touch, a compromise on what I believe is flawed law," he said. "I am left with no other option but to resign."
Mr Hanley said he believed the smoking ban would have to be implemented selectively, due to the shortage of environmental health officers.
"I cannot comprehend spending large amounts of money on such an ill-thought-out piece of legislation, when the health services need so much urgent attention in the area of ward closures, new buildings with no equipment, no staff, no budgets," he added.
While prisoners would have a derogation, law-abiding members of the public would not, he added.
Several WHB members paid tribute to Mr Hanley after he announced his decision.
Fine Gael councillor Mr Michael Mullins said that he respected Mr Hanley's decision and noted that he was a very fair chairman of the WHB during his time in office.
Meanwhile, members of the Southern Health Board voted by a majority yesterday to support the proposed smoking ban but with a possible derogation for patients in psychiatric units.
The chairman of the board, Fianna Fáil councillor Mr Damian Wallace, and its public health specialist, Dr Elizabeth Keane, warned that a board whose primary aim was the promotion of health could not afford to compromise on the ban.