EU objections may delay smoking ban for 3 months

The Government's plans to enforce a smoking ban in the workplace hit fresh obstacles yesterday after Germany and the Netherlands raised objections over legislation linked to the proposed measures.

The development threatens to delay the enforcement of the ban beyond the Minister for Health's target of late February next year.

The Government wants the ban to be enforced by the Health and Safety Authority (HSA), as well as environmental health officers, but objections at EU level will delay the passage of legislation aimed at facilitating this for at least three months.

Germany and the Netherlands have issued a "detailed opinion" on the Minister for Health's Public Health (Tobacco) (Amendment) Bill 2003, which is being debated in the Oireachtas.

Department of Health officials were examining ways of amending this legislation to give authority to officials in the HSA to police the ban.

A Department spokesperson was unavailable to comment on the developments last night.

The availability of HSA officials in enforcing the ban is seen as highly important, as there are just 40 environmental health officers available nationwide.

The Department, however, says this figure still compares well to cities such as New York and Boston, where similar bans are policed by fewer staff.

The Irish Hospitality Industry Alliance (IHIA) yesterday said the EU developments gave the Government an opportunity to work in conjunction with the industry to draft more effective and sensible proposals.

It is calling for a compromise based on Finland's plans to restrict smoking, which include designated smoking areas in separate and well-ventilated rooms.

The alliance has also claimed that plans to introduce the ban could be set back 12 months as a result of European Commission plans to introduce a Europe-wide smoking ban.

Mr David Byrne, the Commissioner responsible for health and consumer protection, said in September that officials were examining ways of introducing such a ban.

This would automatically stall similar legislative measures planned in EU member-states for a year under EU law.

However, a spokesman for the Commission told The Irish Times that the plans were still at a very early stage and would not affect the Government's plans.