Martin admits legal issues may delay smoking ban

The workplace smoking ban may be delayed for a number of weeks while outstanding legal issues are resolved, the Minister for Health, Mr Martin admitted this evening.

Speaking on RTE News the Minister said there were a number of issues to be resolved, including what type of building was regarded as a "dwelling". This means the ban may not come into effect in all workplaces from January 26th, 2004 as planned. Mr Martin will announce a new introduction date tomorrow.

Although the new smoking laws do not apply to homes, the Minister said he asked the advice of the Attorney General, Mr Rory Brady, to clarify what type of building is regarded as a dwelling.

The Minister also said special exemptions will be put in place for nursing homes and psychiatric hospitals. Mr Martin said he had held discussions with the Irish Hotels Federation and that he hoped to reach agreement with them on the issue of smoking in hotel rooms. He added that 75 per cent of hotel beds were already smoke-free.

Earlier today Mr Martin told the Dáil the ban will not apply to prisons. Mr Martin also confirmed the EU Commission had been notified about the amendment to the draft regulations concerning prisons.

Mr Martin said the National Implementation Group has been established to co-ordinate the implementation of the ban for the various sectors in the economy, including publicans.

The ban will have no effect on Garda stations. A Garda spokesman confirmed that a no smoking policy was in force in all stations - including holding cells.

Deputies in the Dáil voted not to hold a ballot on the introduction of the workplace smoking regulations. Opposition had sought to hold a vote at the end of statements on the issue in the Dáil this morning.

Green Party leader, Mr John Gormley said a vote would reveal which Government backbenchers opposed the policy.

The Labour Party health spokesperson, Ms Liz McManus told the Dáil her party supported the ban but was seeking further clarity.

She said: "The question arises if somebody in prison is being treated as somebody dwelling in his or her own home, why is it that somebody who may be 10 or 20 years in a nursing home isn't being treated in the same way?"

Ms McManus said people living in these establishments should be treated as though they were in their own home.

"It is a real issue," she added. "It should have been dealt with long before these regulations were published."