Arthur Morgan (Louth, Sinn Fein)
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Question 524: To ask the Minister for the Environment, Heritage and Local Government if he plans to introduce legislation to ensure proper safety and control of designated smoking areas of public buildings, including pubs; if he will designate an agency to police this issue; and if he will make a statement on the matter. [41214/06]

Dick Roche (Wicklow, Fianna Fail)
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The safety and control of designated smoking areas of public buildings is a matter in the first instance for the owners of such premises and a number of legislative codes apply. I have no plans to introduce legislation or designate an agency of the type suggested in the Question.

The Fire Services Act 1981 as amended by the Licensing of Indoor Events Act 2003 and Ease of Escape Regulations made under that Act provide a comprehensive statutory basis for the operation of fire safety in buildings and structures, whether temporary or permanent. The Fire Services Act 1981 applies to buildings used for any purpose involving access to the building by members of the public. Section 18(2) of the Act places a duty of care on persons, having control of a building to which the Act applies, to take all reasonable measures to prevent the outbreak of fire and to ensure as far as possible the safety of those using the premises in the event of fire.

The Act also places a duty on every person on the premises to conduct himself/herself in such a way as to ensure any person on the premises is not exposed to danger from fire. Enforcement of the provisions of the Fire Services Act 1981 is carried out by fire authorities. One of the benefits of the smoking ban has been the reduction of fire risk in premises such as pubs and clubs.

The measures outlined above relate to fire authority powers to deal with issues of fire safety and overcrowding in buildings including pubs and clubs, and are in addition to the powers of the Garda Síochána and other public bodies under other legislative codes.