Legal advice: Why the Irish smoking ban matters

Ireland's smoking ban may have an impact on the UK's plans.

by Niall McCann of thePublican.com's team of legal experts from London solicitor Joelson Wilson.​

Not so long ago, smoking was permitted on public transport, in cinemas and doctors would even offer cigarettes to patients to 'calm their nerves'.

However, increased awareness of the dangers of cigarette smoke and a shift in public attitude has seen the natural habitat of the smoker reduced.

Taking their lead from the US and Finland, anti-smoking campaigners seek to ban smoking in all licensed premises. Potential changes to the law in Ireland provide an insight into how the law could change in England and Wales.

Ireland's proposed smoking ban incorporates not merely licensed premises but all enclosed spaces of work other than a private dwelling. While the date for implementation has not yet been finalised (there is a debate as to whether places of detention, nursing homes and hotel rooms are seen as places of work) the implementation of the ban seems inevitable.

The Public Health (Tobacco) Act 2002 permits the minister for health and children to regulate, prohibit or restrict the smoking of tobacco products in all or part of licensed premises and the draft form of the Tobacco Smoking (Prohibition) Regulations 2003 implicitly refers to a smoking ban in licensed premises.

Could such a law cross the Irish Sea? This could depend upon how successful the ban is in Ireland and whether the anti-smoking groups can co-ordinate their lobbying of government.

However, writing recently in The Times the secretary of state for culture, Tessa Jowell, stated that "legislation is not necessarily the answer. Self-regulation ought always to be the first preference." So the industry could negate the need for legislation if it adopts self-regulation now. If well-ventilated non-smoking areas became the norm rather than the exception, legal interference could be avoided.

After all, the drafting of a non-smoking bill - and its eventual metamorphosis into an act - would take up a lot of legislative time. It would only happen if demand for change was strong.

The Public Places Charter on Smoking already exists and a guide to it can be found at www.airinitative.com/images/airtoolbox/charterguide.pdf. It provides advice on implementing a smoking policy should you wish to do so.