Gerard Murphy (Cork North West, Fine Gael)
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Question 286: To ask the Minister for Health and Children the reason smoking concessions are allowed in nursing homes but not in long-stay community hospitals. [15531/04]

Micheál Martin (Cork South Central, Fianna Fail)
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The smoke-free workplaces measures apply, with limited exceptions, to all enclosed places of work. The exemptions are specified in the Public Health (Tobacco) (Amendment) Act 2004. An exemption will apply where a long-stay community hospital meets the specified requirements. A decision to allow the smoking of tobacco products in exempted premises is a matter for the management of the premises concerned. The fact that a premises is exempted does not confer a right to smoke in that location. Neither does it affect the duty of care an employer has in respect of his or her employees.