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Smoke law could apply to homes

February 16, 2011

By Staff Reporter

And anyone who comes to work at a house on a part-time basis, such as a builder, plumber or electrician, would be entitled to demand a smoke-free atmosphere.
This extension of the prohibition already proposed by Minister of Health Micheal Martin will add to the growing debate in Ireland over the ban that is scheduled to come into effect shortly after New Year’s Day 2004.
Government ministers have broken rank to condemn the ban. Not so Tanaiste Mary Harney, who affirmed the government’s commitment to a blanket ban in all bars and restaurants during a recent visit to New York, saying that those who attacked the ban as unworkable would be proved wrong.
“When I was bringing in the law that was to ban smoky coal in Dublin in ’89, ’90, no one believed it would work. It did work,” Harney said. “If you’re determined it will work, and it will be enforced. Obviously there will be hiccups at the start, but why should workers be subjected to second-hand smoke? In the future [the Irish government would] be open to huge law suits.”
Harney was referring to the fear expressed by government ministers that lawsuits could be launched by smokers who develop terminal illnesses, against the government and not tobacco companies, as is the case in the U.S.
However there is widespread criticism of the law across the country from individuals and organized groups, the latter most often being pub owners who say the ban will be unenforceable.
On Friday, 50 publicans in Waterford City voted to defy the ban and risk jail, saying that the ban would be unworkable and dangerous, especially if their staff had to ask drunk customers to stop smoking.
“While we don’t want to end up in court or in jail, we are prepared to face the consequences of our actions because we have no other choice,” said the Waterford chairman of the Vintners’ Federation of Ireland, Michael Fitzgerald.
“This ban is not workable. We voted unanimously not to implement it on the grounds that it is unfair and unworkable. We are prepared to face whatever consequences follow from this, even if it means jail,” Fitzgerald said.
This week, TDs with border constituencies pressed Northern Irish Secretary of State Paul Murphy to make the smoking ban an all-Ireland one, by introducing legislation to outlaw smoking in Northern Irish bars and restaurants. Murphy has not commented on the request.
The smoking bans introduced in U.S. states and cities, including New York this year, have been promoted as health initiatives that override any concerns over loss in business or enforcement concerns.
And the health argument received a powerful scientific endorsement last week with the release of results of a survey from Helena, Mont. That city of 66,000 people banned smoking in June 2002 and statistics showed conclusively a fall in heart attacks of 58 percent, immediately after the ban took effect.
When the smoking ban was rescinded under pressure from the Montana Tavern Association in December 2002, the heart attack rate for Helena shot up once again.
It’s the same argument that is being made in Ireland by Minister Martin.
“This whole matter is about health and safety in the workplace and it will be the law next January,” he said.

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