Kathleen QuinlanDirector of CommunicationsOffice of Tobacco ControlIreland

Going Smoke-free:The Irish Experience

Kathleen QuinlanDirector of Communications

and Education

What is the smoke free workplace legislation?

Public Health (Tobacco) Acts – S47 as amended by S16

• 29 March 2004 • Offence for a person to smoke in a specified place which includes a place

of work• Owner, manager or other person in charge each guilty of an offence

where there is a contravention of law• Maximum fine €3,000 (£2,000 Stg.)• Defence if a person can show they made all reasonable efforts to ensure

compliance• Limited exemptions (based on “private dwelling” and outdoor areas) but

duty of care and general health and safety obligations still apply• Section 46 provides for mandatory signage – name of person in charge,

name to whom complaints can be made

Public Information Campaign• Informed public of new law

• Rationale

• Date of implementation

• Lo-call compliance line

Public Awareness and Support

• Smoke-free workplace law continues to enjoy widespread public support and high levels of compliance.

• Overwhelming public acceptance of the health reasons for the law.

• Support strong at outset and grows– 67% support before the law– 89% success – after introduction (independent research June ‘04)– 82% support (Dept. of Health research July ‘04)– Voted no. 1 “high” of 2004 – RTE National New Year’s Poll

• Overwhelming support– 98% believe workplaces are healthier (inc. 94% of smokers)

– 96% think the law is a success (inc. 89% of smokers)

– 93% think it is a good idea (inc. 80% of smokers)

– 81% thought publicans should comply with the law including 60% of smokers

TNS mrbi polls

EnforcementPublic Health (Tobacco) Acts 2002 and

2004

• The national inspection programme • Environmental Health Officers of the Health

Service Executive are the authorised officers • Inspections carried out under a series of

protocols developed by OTC

Compliance/Guidance

• Employers / Managers

• Licensed Trade

“ make all reasonable efforts to ensure compliance”

• Compliance very high nationally

• 2004 - 35, 957 inspections 94% compliant

• 2005 - 35,042 inspections 95% compliant

Vigilance still necessary

• Active enforcement a highly effective and necessary tool in tobacco control

•Review of case statistics to date shows that where breaches occur EHOs will prosecute once evidence is secured

Success factors• Consistent proactive communication

• Public well informed about law & rationale– key message: positive health protection – illness from second-

hand smoke in workplace is preventable

• Built confidence that law was workable, enforceable and would be implemented

• Prepared for counter arguments with evidence based response– Research – scientific, attitudinal, economic…

Success factors• Sustained political

leadership/commitment– Cross party support

• Partnership– Office of Tobacco Control

– Dept. of Health and Children

– Health Service Executive

– Health and Safety Authority

Success Factors

• Broad based, active engagement of civil society (20+ groups)– NGO’s

• Irish Cancer Society

• Irish Heart Foundation

• ASH

– Environmental Health Officer Association

– Health and medical community

– Trade unions

“Pro Health Lobby”

Success factors

• Comprehensive law with few exemptions– Easier to enforce, applies equally to all premises,

obligations understood

• Well prepared implementation– Guidance and support materials (OTC, DOHC

steering group, etc.)

– Partnership approach to compliance building with business owners/managers (EHO’s)

• Implementation resources