Finian McGrath (Dublin North Central, Independent)
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Question 150: To ask the Tánaiste and Minister for Health and Children if the smoking ban in public houses is in breach of Article 8 of the European Convention on Human Rights; and if she will make a statement on the matter. [34114/04]

Seán Power (Kildare South, Fianna Fail)
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The prohibition on smoking in enclosed places of work introduced on 29 March 2004 in section 47 of the Public Health (Tobacco) Act 2002 as inserted by section 16 of the Public Health (Tobacco) (Amendment) Act 2004 is a public health and safety measure enacted for the purposes of reducing the risk to and protecting the health of persons in places of work. Passive smoking and environmental tobacco smoke has long been recognised as a significant public health issue. The facts on smoking and the damage caused by second-hand smoke are well established. Being able to work and socialise in public houses and other places of work in a clean and healthy environment has health benefits for all. Article 8(1) of the European Convention on Human Rights recognises a right to respect of a person's private and family life, home and correspondence. A person's dwelling is specifically exempt under section 47(7)(a) of the 2002 Act as amended. Therefore, there is no breach of Article 8 by the application of the work place smoking ban to licensed premises in so far as they are places of work.