New legal challenge threatens introduction of smoking ban

Publicans, hotel and restaurant owners are to mount a legal challenge against the Government's smoking ban shortly before it …

Publicans, hotel and restaurant owners are to mount a legal challenge against the Government's smoking ban shortly before it is due to come into force, write Carl O'Brien & Liam Reid.

They will jointly seek a judicial review of the legislation in the High Court which, if obtained, could further delay implementation of the ban for up to a year.

The Vintners' Federation of Ireland, the Licenced Vintners' Association, the Irish Hospitality Industry Alliance and the Irish Hotels Federation are to hold a private meeting later this month to discuss the legal challenge.

The groups will be briefed by a legal expert and will discuss how to share the financial burden of mounting a High Court challenge.

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Meanwhile, a study commissioned by the Office for Tobacco Control (OTC) has been unable to draw definitive conclusions as to the economic effect of the ban on the hospitality industry.

The OTC has yet to publish the report, completed by UCD economists Mr Moore McDowell and Mr Joe Durkan last October, which found there was insufficient data from other regions where a ban was implemented to predict the outcome here.

Officials from the OTC have previously claimed that independent studies of smoking bans in other countries have indicated "no negative economic impact from smoking bans in restaurants and bars".

The Department of Finance is estimating that the smoking ban will contribute to a drop of 2 per cent in beer sales this year.

Last month the Minister for Finance warned that it was difficult to predict the economic impact of the ban, and that this could be "wide of the mark".

The Minister for Health, Mr Martin, is due to announce within the next fortnight the implementation date for the ban, which is now expected in March or April.

The ban cannot be implemented before the end of February, when a 90-day EU approval process ends.

It is likely that a legal challenge could focus on a number of areas, including the wide-ranging effects of the ban. Vintners say it will stop smoking in some publicans' private homes.

The Irish Hospitality Industry Alliance, meanwhile, has sent a letter to Brussels calling for the ban to be delayed for a year until a number of key issues have been addressed.