The ban on smoking in all workplaces, including pubs, has now been signed into law. Within hours of the announcement by the Department of Health yesterday, publicans and hoteliers opposed to the measure were threatening to mount a legal challenge to the new regulations.
Mr Finbar Murphy, of the Irish Hospitality Industry Alliance, said it would be referring the regulations to its lawyers to seek their advice on a judicial review.
The Minister for Health, Mr Martin, appealed to the powerful lobby group to stand back and think before taking any such action.
"Why would you take legal action against a measure designed to protect and improve public health?"
The regulations, which come into effect on January 26th, state that the smoking of tobacco products will be prohibited in all places or premises of work other than private dwellings.
There are no exemptions for prisons or psychiatric institutions, but Mr Martin has said that, given their unique circumstances, discussions are ongoing with these sectors with a view to devising separate measures for them.
Mr Murphy said that to exempt prisons and some accommodation made "a mockery" of Mr Martin's claims that the legislation was to protect all workers.
"By making the exemptions the Minister has made he is acknowledging that his proposals are unimplementable, and we continue to call on the Government to compromise on this and to look at the proposals we have put forward which will maintain the integrity of what the Minister for Health wants to achieve," he said.
"The Health and Safety Authority has adopted a zero tolerance proposal in relation to environmental tobacco smoke. Yet the Minister for Health is providing for smoking in certain workplaces.
"Either the policy is zero tolerance or it is not, and the Minister needs to clarify this. Otherwise he may be leaving the State open to litigation.
"We believe the Minister's proposals are flawed on a number of grounds, including his failure to consult and his decision to ignore the legal advice given to him."
The alliance had suggested its members would install top-of-the-range ventilation systems, but Mr Martin said ventilation technology was ineffective at removing the risk to health.