Liam Moloney

The UK government is planning to ban smoking outside of schools and hospitals in England, though recently backed off more ambitious plans to ban smoking outside of pubs and restaurants.

Kildare solicitor Liam Moloney says Ireland is likely to come under more pressure from the anti-tobacco lobby as other countries tighten their smoking rules.

Under Ireland’s Tobacco Smoking (Prohibition) (Revocation) Regulations 2004, the smoking ban does not apply to “outdoor parts of a place or premises covered by a fixed or moveable roof, provided that not more than 50 per cent of the perimeter of that part is surrounded by one or more walls or similar structure”.

This, he said, means employees and customers of some businesses can continue to be exposed to “highly toxic” smoke.

“The issue as to who is legally responsible for illnesses contracted by employees and customers who are exposed to passive smoking is one that has yet to be tested in the Irish courts,” Mr Moloney said.

“However, it is likely that such claims will arise in the future, particularly from employees.”

He added: “The risk of illness posed by long-term exposure to passive smoking is clearly foreseeable and those occupiers and employers that fail to take appropriate steps to protect staff and patrons from such dangers are at risk of being sued for damages.”