Micheál Martin (Cork South Central, Fianna Fail)

The proposed amendment concerns the reasonable efforts of an occupier, manager, etc. to ensure compliance in a smoke-free premises. Amended section 47(4) provides a defence for a person against whom proceedings for an offence under this section are brought. This is a standard legal provision relating to a defence in proceedings for an offence. This defence relates to all reasonable steps which the person had taken to ensure compliance with the provisions of the regulations as regards the alleged contravention.

The spirit of the Senator's amendment is already provided for in the Bill by way of the inclusion of a reasonable defence clause. In other words, the person may state in court that he or she took all reasonable steps to prevent the contravention. Publicans have been issued with guidelines in terms of the steps they should take in this regard.