Alan Kelly (Tipperary, Labour)
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2154. To ask the Minister for Health if the smoking ban applies to premises providing outdoor dining; and if he will make a statement on the matter. [36681/21]

Stephen Donnelly (Wicklow, Fianna Fail)
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Outdoor dining areas are not subject to the workplace smoking ban under the Public Health (Tobacco) Acts.

In April 2018 the Government agreed to support a Seanad Private Members’ Motion to legislate for the introduction of a smoking ban in areas where food is consumed, including in outdoor areas, and to address this measure on completion of the current tobacco control legislative project, the Public Health (Tobacco and Nicotine Inhaling Products) Bill.

A first draft of the Public Health (Tobacco and Nicotine Inhaling Products) Bill is awaited from the Office of Parliamentary Counsel. The General Scheme of the Bill was referred to the Oireachtas Committee on Health for pre-legislative scrutiny following approval by Government in October 2019. A date for pre-legislative scrutiny is still to be confirmed.