Development of the law:

On March 29, 2004, Ireland became the first country in the world to be 100% smokefree. Smoking is banned in enclosed or more than 50% enclosed public places and workplaces (including all bars, cafés and restaurants). Designated smoking rooms are not allowed. Prisons, hotel rooms and psychiatric hospitals are exempt.

The main purpose of the Smokefree at Work legislation is to protect workers and the general public from exposure to second-hand smoke.

Legislation followed a decade of lobbying and campaigning by tobacco control advocates. The Tobacco Free Policy Review Group was set up to carry out a fundamental review of health and tobacco and make recommendations to the Minister for Health and Children. The report was published in March 2000 and subsequently adopted as government policy. The Office of Tobacco Control was set up in 2000 and given statutory status in 2002. Legislation was introduced in 2002. Public information campaigns prepared the public for legislation e.g. ‘Promoting a tobacco-free society’ leaflet. Guidance documents on how to comply with the legislation were distributed to employers before implementation of the law. A specific document for the licensed trade was also produced. Workplace signage regulations were issued. The commitment to smokefree legislation of the Minister for Health and Children, Micheál Martin, and the collaboration of health organisations, were crucial to its introduction.

Legislation is enforced by officers authorised by the Office of Tobacco Control and the Health Service Executive under the National Inspection Programme. There are 40 dedicated environmental health officers whose responsibilities include enforcing the smokefree workplace legislation. These are supported by an additional 400 environmental health officers and a further 100 inspectors from the Health and Safety Authority. A low-cost compliance phoneline was introduced when legislation came into effect. By the end of the first year, 95% of businesses had complied.

Useful Links:

Public Health (Tobacco) (Amendment) Act 2004

Public Health (Tobacco) Act 2002

Information and guidance relating to smokefree workplaces in Ireland can be viewed and downloaded here