The Minister for Health will today notify the European Commission of the final details of the proposed ban on smoking in the workplace, opening the way for its introduction in mid-February.
The Cabinet yesterday decided to broaden the number of workplaces exempt from the ban.
These will now include psychiatric hospitals, nursing homes, hospices, the Central Mental Hospital, sleeping accommodation in hotels, guest houses, B & Bs, hostels and student accommodation. These are in addition to exemptions already decided for prisons and outdoor workplaces.
The amended regulations will be submitted to the Commission today under the EU Transparency Directive. The ban may be introduced three months from today, although the Minister, Mr Martin, has not yet announced the precise date.
The Taoiseach, Mr Ahern, told the Dáil yesterday that the legal basis for the ban on smoking was now "rock-solid". "It is the law and it will be effective as and from its commencement date," he said.
The regulations could be debated in the Dáil before the ban is introduced, as the regulations will not formally be signed by Mr Martin until the three-month notification period has finished.
Under EU law there is now a three-month period during which other member-states can raise objections to the regulations. However, Mr Ahern emphasised yesterday that no objections had been made to the original proposed ban, which was notified to the Commission last April.
The Cabinet also decided yesterday to introduce legislation putting new obligations on employers in relation to protecting workers from the effects of environmental tobacco smoke.
Health and safety legislation will be amended to declare tobacco smoke a carcinogen. This is expected to impose obligations on employers to protect workers and impose a new set of penalties on those who do not provide adequate protection.
The Minister of State responsible for health and safety, Mr Frank Fahey, had intended to impose such obligations on employers by regulation. However, the Attorney General advised Ministers yesterday that such a move would be better protected from future legal challenge if it was done through primary legislation enacted by the Oireachtas, rather than simply as an order signed by a Minister.
Mr Ahern said this legislation would be distinct and separate from the ban and the exemptions which were made under anti-tobacco legislation. It does not have to be submitted to Brussels.