The owners of the Galway pub that has been defying the smoking ban have agreed to desist after the Government threatened to take legal proceedings to force them to comply with it, the Taoiseach, Mr Ahern, confirmed this afternoon.
Speaking in Dublin, Mr Ahern told ireland.comthe Attorney General had written to the two proprietors of Fibber Magees, Mr Ronan Lawless and Mr Ciarán Levanzin, warning them the Government would enforce the law "fully and absolutely".
Solicitors for the publicans responded to the Government by today's 4 p.m. deadline to say they will desist from any further breaches, Mr Ahern said. "The matter is now closed," he added. "We are not going to tolerate people trying to defy the law."
Mr Ahern said the Government had taken firm action "to make sure the law was upheld" and he was pleased to report the two renegade publicans had "totally and absolutely 100 per cent backed down". They have given an "absolute guarantee" they will not continue to flout the law.
The Government was prepared to go to the High Court at 6 p.m. this evening had they not, he added. The Attorney General's letter to the publicans had been written in "very strong terms".
Mr Ahern said the Government was not prepared to tolerate people trying to defy the law and that was why the matter had been dealt with by the Attorney General rather than through any other route.
The publicans had said they would take no further action outside the law. However, whether they chose to take legal action on the issue was a matter for themselves, Mr Ahern said.
The Western Health Board also wrote to the proprietors of the Eyre Square pub giving them a deadline of 4.00 p.m. today to give a written undertaking that they would desist from allowing people to smoke in breach of the Public Health (Tobacco) Act 2004. Otherwise, they would face a High Court injunction.
Earlier today, Mr Lawless, indicated that he would not defy a High Court order. However, he said he will be mounting a legal challenge to the smoking ban. The pub was closed today, and the owners said it would remain so "until further notice".
The WHB is also "seriously considering" taking legal proceedings against individuals found smoking in the Galway pub Fibber Magees last night.
Environmental Health Officers who visited the pub last night took down the names and addresses of people who were found to be smoking there.
According to the smoking ban legislation, any possible fines will be dealt with through the courts and individuals may be liable for fines of up to €3,000 or three months in prison.