Fergal Browne (Fine Gael)

I am a non-smoker. I have never enjoyed smoking and could be categorised as an anti-smoker. However, even I realise that smokers have rights. My concern with the proposed smoking ban centres on the question of enforcement. The penalty points system was introduced before Christmas and is encountering problems with regard to enforcement.

Will the Minister outline how the proposed smoking ban will be enforced? Like many other Senators, perhaps, I worked in a pub when I was a student and I am sure they will share my concerns. I am particularly concerned with what will happen in super-pubs, where there could be a few hundred customers and many of them could be unknown to the management. Theory is all very well, but reality is a different matter.

I am concerned with the use of sweeping generalisations and the categorisation of smoking as an unhealthy act. There are many other unhealthy acts. For example, it could be argued, perhaps incorrectly, that engaging in politics is unhealthy. I was surprised to learn that MANDATE, which is in favour of the smoking ban in pubs, represents only a tiny percentage of the number of workers involved in pubs.

I have discussed the proposed ban with many people, including those working in pubs, smokers and anti-smokers. One person made a valid point by highlighting the fact that if there was a need for non-smoking pubs, they would surely already be in existence. In the past, non-smoking pubs have failed miserably because the public did not frequent them. That is not to say that they will not work on this occasion, but I am concerned about how the ban will be imposed.

I question the idea of segregation. In some pubs it would be physically possible to have a separate lounge or bar which would allow for smoking in one area. However, this would not be possible in open-plan pubs. The Minister of State is to be commended for acknowledging that it would be a farce to allow for smoking and non-smoking areas without some kind of barrier. However, this approach could be considered in certain types of pub.

The question of ventilation must also be reconsidered. I have been informed today that a new ventilation system can completely re-circulate air in a pub in less than three minutes. That option should considered. I am posing questions rather than solutions and I look forward to the Minister of State's response.

How will the new regulations be implemented from 1 January 2004? Will it be similar to the changeover to the euro, where both currencies could be used side by side for an initial period? Is the 1 January a suitable date for implementation? Will those who smoke on 31 December be expected to stop at midnight?