Officers will carry out random smoking checks

The smoking ban will be enforced by two agencies working in tandem carrying out inspections of workplaces it was confirmed today.

Announcing a start date of March 29th, the Minister for Health, Mr Martin today said a "memo of understanding" on enforcement has been agreed by the Office of Tobacco Control (OTC) and the Health and Safety Authority (HSA) agencies, which the Department of Health is also a party.

Officers from these agencies will carry out random visits to workplaces and also will respond to notifications if employers are acting in breach of the legislation.

The Minister stressed that he was seeking voluntary compliance with the ban and that he did not want anyone to put themselves at risk.

If there was an issue where an individual was refusing to comply with the law, perhaps in a pub with drink taken and was becoming disorderly, that was public disorder offence and would be dealt with by gardaí, the Minister explained.

Ms Valerie Robinson, director of communications with the OTC, said the goal was to build up compliance, to "let [employers] know the law is there".

"We have been developing a national implementation programme, which has been agreed with the health boards, and we are meeting again on March 2nd".

The OTC has an estimated 100 officers available to enforce the ban.

Forty additional HSA officers are being recruited exclusively to work on policing the ban. According to Ms Ann Marie Pert of the Environmental Health Officers Association all these posts will be filled by the start of the ban.

A spokeswoman for the Association said the 40 new officers would join the existing 300 HSA inspectors and traditional workplace visits will include a check for compliance with the new regulations.

She said overtime arrangements to permit workplace visits "during pub and restaurant hours" have been agreed.

Smokers found guilty of breaking the law face a fine of €3,000. An owner, manager or person in charge of a workplace is legally responsible for ensuring compliance.