Áine Brady (Kildare North, Fianna Fail)

We are dealing with amendments Nos. 1, 2 and 4 to 11, inclusive. On the issue of the monitoring and enforcement of the legislation, the Office of Tobacco Control is responsible for the co-ordination and implementation of the national tobacco control inspection programme in order to ensure there is compliance with this important public health legislation. Environmental health office, EHOs, in the Health Service Executive are authorised officers under the Public Health (Tobacco) Acts. Protocols or administrative guidelines have been developed by the OTC in co-operation with the HSE. The guidelines set out best practice to be followed by EHOs and facilitate a consistent approach to enforcement of the legislation.

In 2008 active enforcement of the smoke-free workplace legislation by the EHOs was critical in maintaining the high levels of compliance and 97% of premises inspected were found to be complaint. The data from the national inspection programme are published annually by the OTC. The data include the number of inspections, the rates of compliance and the number of prosecutions for specific breaches of the legislation.

With regard to the penalties under the Public Health (Tobacco) Acts, I have already pointed out that a period of suspension from the retail register is mandatory and it will remain mandatory. The only change is that we are providing for judicial discretion in this respect. It can apply up to a three month period of suspension. I said that my officials will keep the operation of this aspect of the legislation under review.