Mary Henry (Independent)

Subsection (7) is broad and I wish the section gave more protection to non-smokers in institutions. I am well aware the Bill gives effect to a workplace directive and that is what the Minister had to consider in introducing it. I did not table an amendment to this section because I did not believe that it could be enforced.

However, hotel and guesthouse premises should ensure that the vast majority of their rooms are non-smoking because most people do not want to smoke in their bedrooms. It is bad if a non-smoker has to take a room in a hotel that was previously occupied by a smoker. I do not know if the Minister can bring in regulations, or whether they would have to be brought in by the Minister for Arts, Sport and Tourism, to provide that hotels and guesthouses must have an adequate supply of non-smoking rooms. Sometimes one finds that the supply of rooms available is 50:50 in terms of smoking and non-smoking. However, 50% of people do not want to smoke in their bedrooms and if people smoke in them, the smoke lingers for a long time. I do not know if the Minister can do anything in that regard, but it is an important consideration.

The inmates of nursing homes are in a vulnerable position if one or two people insist on puffing away in the one living room that is shared by a number of people. The smokers might ask whether the other people mind if they smoke but it is difficult when people are living in a home atmosphere to say they do mind. If they object, they may be considered spoilsports, but such smoking affects their health. Elderly people frequently have chest problems. One or two people may be able to impose their wills on the other members who are living in a nursing home who simply out of politeness feel they cannot object. I wish this section was tougher in respect of smoking regulations, although I appreciate the Minister had difficulties with it.

Some people suffering from mental illness become seriously addicted to cigarette smoking, but that does not mean that everyone in psychiatric hospitals is addicted. Non-smokers in psychiatric hospitals have to sit in the same environment as people who are heavy smokers, as Senator Glynn would be aware.

The same position applies in prisons. I hope this section will be carefully examined to ensure the rights of non-smokers are brought to the fore. A prison is one's home while one is it. Sometimes three people may share a cell and if one of them is a smoker, I do not know what the other two can do in terms of this legislation, apart from throwing water over him or her every now and then which happens in prison anyway. I wish this section was much tougher on smoking regulations, although I realise the Minister had difficulty with it. Significant numbers of non-smokers, workers and people who have to live in these places, will be affected by tobacco smoke. Some of them may have chest problems and they should not be exposed to such smoke. In the case of nursing homes with perhaps only one day room, non-smokers will have to endure smoke.

I am not sure if the Minister can ask the Minister for Arts, Sport and Tourism to monitor this area in the hotel sector. I stayed in a hotel in Cork, the name of which I will tell the Minister later, where the staff could not find me a room that had not been occupied by smokers. The hotel was fairly well occupied, but it did not have a big enough supply of non-smoking rooms. We are doing quite well in getting people to stop smoking. Many smokers do not want to smoke in bedrooms or in living quarters. I hope the Minister carefully examines this section and does his best to encourage his colleagues in this area to enforce the legislation as strongly as possible and to ensure that people within institutions are properly protected.