LANGUAGE
Last updated: September 17th 2019

Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport

All indoor workplaces

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
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Analysis

Smoking is prohibited in indoor workplaces, with limited exceptions. Sections 47(1) and 47(8) of the Public Health Act (Tobacco) 2002, as amended by the Public Health Act (Tobacco) 2004, Section 16, prohibit smoking in a “specified place,” which includes “a place of work.” However Section 47(7) exempts the following places from the smoking ban: prisons, hotel guestrooms, living accommodation in higher education facilities, nursing homes, hospices, and psychiatric institutions. Because these places are workplaces for some, the regulatory status “Smoking is Restricted” is given.

As the FCTC Art. 8 Guidelines provide, careful consideration should be given to workplaces that are dwellings and workplaces that contain residential areas to ensure that people are protected from tobacco smoke exposure. To ensure universal protection against tobacco smoke exposure, the law should require all parts of all workplaces, including those of a residential nature, to be 100% smoke free. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

All indoor public places

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
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Analysis

Smoking is prohibited in indoor public places, with limited exceptions. Sections 47(1) and 47(8) of the Public Health Act (Tobacco) 2002, as amended by the Public Health Act (Tobacco) 2004, Section 16, prohibit smoking in a “specified place,” which includes workplaces. The definition of workplace is broad and, by application, includes all public places. However Section 47(7) exempts the following places from the smoking ban: prisons, hotel guestrooms, living accommodation in higher education facilities, nursing homes, hospices, and psychiatric institutions. Because these places or portions of these places are public places, the regulatory status “Smoking is Restricted” is given.

FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places to be 100% smoke free.

All public transport

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

Smoking is prohibited on all public transport. Sections 47(1) and 47(8) of the Public Health Act (Tobacco) 2002, as amended by the Public Health Act (Tobacco) 2004, Section 16, prohibit smoking in a “specified place,” which includes “an aircraft, train, ship or other vessel, public service vehicle, or a vehicle used for the carriage of members of the public for reward other than a public service vehicle, insofar as it is a place of work”. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport.

Government facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

Smoking is prohibited in government facilities. The Public Health (Tobacco) Act 2002 (PHA), Section 47 (as amended by PHA 2004, Section 16) prohibits smoking in a “specified place,” which by definition includes “a building to which the public has access . . . and which belongs to, or is in the occupation of — (i) the State, (ii) a Minister of the Government, (iii) the Commissioners of Public Works in Ireland, or (iv) a body established by or under an Act of the Oireachtas.” The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to government facilities.

Private offices

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

Smoking is prohibited in private offices. The Public Health (Tobacco) Act 2002 (PHA), Section 47 (as amended by PHA 2004, Section 16) prohibits smoking in a “specified place,” which by definition includes a “place of work.” Therefore, private offices are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to private offices.

Hospitals

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

Smoking is prohibited in hospitals. The Public Health (Tobacco) Act 2002 (PHA), Section 47 (as amended by PHA 2004, Section 16) prohibits smoking in a “specified place,” which by definition includes “a hospital.” The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hospitals.

Residential healthcare facilities - public areas

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
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Analysis

Smoking is permitted in designated smoking rooms in public areas of residential healthcare facilities. The Public Health (Tobacco) Act 2002 (PHA), Section 47 (as amended by PHA 2004, Section 16) prohibits smoking in a “specified place,” which by definition includes “a health premises.” A “health premises” is defined as “any hospital, sanatorium, home, laboratory, clinic, health care centre.” However Section 47(7) exempts from the smoking ban nursing homes, hospices, and psychiatric institutions. Due to this exemption, the regulatory status “Smoking is Restricted” is given. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor workplaces to be 100% smoke free, including nursing homes, hospices, and psychiatric institutions. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

Non-residential healthcare facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

Smoking is prohibited in non-residential healthcare facilities. The Public Health (Tobacco) Act 2002 (PHA), Section 47 (as amended by PHA 2004, Section 16) prohibits smoking in a “specified place,” which by definition includes health premises and hospitals and other types of non-residential healthcare facilities. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to non-residential healthcare facilities.

Childcare facilities/preschools

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

Smoking is prohibited in childcare facilities and preschools. The Public Health (Tobacco) Act 2002 (PHA), Section 47 (as amended by PHA 2004, Section 16) prohibits smoking in a “specified place,” which by definition includes schools and other places of work. Preschools are smoke free as they are schools, and childcare facilities are smoke free as places of work. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities and preschools.

Primary and secondary schools

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

Smoking is prohibited in primary and secondary schools. The Public Health (Tobacco) Act 2002 (PHA), Section 47 (as amended by PHA 2004, Section 16) prohibits smoking in a “specified place,” which by definition includes schools. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools.

Universities/vocational facilities

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
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Analysis

Smoking is prohibited in universities and vocational facilities, except in rooms used solely for living accommodation. The Public Health (Tobacco) Act 2002 (PHA), Section 47 (as amended by PHA 2004, Section 16) prohibits smoking in a “specified place,” which by definition includes a school or college. However, Section 47(7) exempts rooms used solely for living accommodation in a higher educational institution. Therefore the status “Smoking is Restricted” is given. This provision does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for a 100% smoke free indoor environment in universities and vocational facilities and therefore does not provide effective or universal protection against tobacco smoke exposure. To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces, including living accommodation in higher education institutions, to be 100% smoke free. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

Shops

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

Smoking is prohibited in stores and shops. The Public Health (Tobacco) Act 2002 (PHA), Section 47 (as amended by PHA 2004, Section 16) prohibits smoking in a “specified place,” which by definition includes a “place of work.” A store or shop, as a place of work, is therefore smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to stores and shops.

Cultural facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

Smoking is prohibited in cultural facilities. The Public Health (Tobacco) Act 2002 (PHA), Section 47 (as amended by PHA 2004, Section 16) prohibits smoking in a “specified place,” which by definition includes a “place of work,” “a cinema, theatre, concert hall or other place normally used for indoor public entertainment, insofar as it is a place of work,” and government owned or occupied buildings. Therefore, cultural facilities that are cinemas, theaters, concert halls, or other place of entertainments, and cultural facilities owned or occupied by the government are smoke free. Other cultural facilities not listed are smoke free as places of work. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities.

Indoor stadium/arenas

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

Smoking is prohibited in indoor stadiums and arenas. The Public Health (Tobacco) Act 2002 (PHA), Section 47 (as amended by PHA 2004, Section 16) prohibits smoking in a “specified place,” which by definition includes a “place of work.” An indoor stadium or arena, as a place of work, is therefore smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums and arenas.

Restaurants

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

Smoking is prohibited in restaurants. The Public Health (Tobacco) Act 2002 (PHA), Section 47 (as amended by PHA 2004, Section 16) prohibits smoking in a “specified place,” which by definition includes a “place of work,” and “a licensed premises, insofar as it is a place of work.” A restaurant, as a licensed premises and a place of work, is therefore smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to restaurants.

Bars/pubs/nightclubs

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

Smoking is prohibited in bars, pubs, and nightclubs. The Public Health (Tobacco) Act 2002 (PHA), Section 47 (as amended by PHA 2004, Section 16) prohibits smoking in a “specified place,” which by definition includes a “place of work,” “a licensed premises, insofar as it is a place of work,” and “a registered club, insofar as it is a place of work.” A bar, pub, or nightclub, as a place of work and/or a licensed premises or registered club, is therefore smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to bars, pubs, and nightclubs.

Casinos

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

Smoking is prohibited in casinos. The Public Health (Tobacco) Act 2002 (PHA), Section 47 (as amended by PHA 2004, Section 16) prohibits smoking in a “specified place,” which by definition includes a “place of work,” “a licensed premises, insofar as it is a place of work,” and “a registered club, insofar as it is a place of work.” A casino, as a place of work and/or a licensed premises or registered club, is therefore smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to casinos.

Hotels/lodging - public areas

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

Smoking is prohibited in public areas of hotels. The Public Health (Tobacco) Act 2002 (PHA), Section 47 (as amended by PHA 2004, Section 16) prohibits smoking in a “specified place,” which by definition includes a “place of work.” Public areas of a hotel, as places of work, are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of hotels.

Hotels/lodgings - guest rooms

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
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Analysis

Smoking is restricted in hotel guestrooms and lodging. The Public Health (Tobacco) Act 2002 (PHA), Section 47 (as amended by PHA 2004, Section 16) prohibits smoking in a “specified place,” which by definition includes a “place of work,” such as a hotel. However, Section 47(7) exempts from the smoking ban bedrooms in hotels and other businesses that offer sleeping accommodations. Therefore, the regulatory status “Smoking is Restricted” is given. The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free indoor workplaces and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor workplaces to be 100% smoke free, including hotel guestrooms.

Prisons/detention facilities - public areas

Smoking is Not Restricted
Smoking is allowed throughout the entire premises of the specified place or category of places.
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Analysis

The Public Health (Tobacco) Act 2002 (PHA), Section 47 (as amended by PHA 2004, Section 16) prohibits smoking in a “specified place,” which by definition includes a “place of work,” such as a prison. However, Section 47(7) specifically exempts prisons from the smoking ban. In practice, prison authorities may designate an entire institution as “no-smoking” or may designate smoking rooms. See: http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/health_and_safety/ban_on_smoking_in_the_workplace_in_ireland.html#l1f4da. Because the law allows smoking in prisons and does not require prison authorities to impose restrictions, the regulatory status “Smoking is Not Restricted” is given. The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free indoor workplaces and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor workplaces to be 100% smoke free, including public areas of prisons.

Trains, buses and other shared ground transportation other than taxis

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

Smoking is prohibited on all shared ground transportation. Sections 47(1) and 47(8) of the Public Health (Tobacco) Act 2002 (PHA) (as amended by PHA 2004, Section 16) prohibit smoking in a “specified place,” which by definition includes “an aircraft, train, ship or other vessel, public service vehicle, or a vehicle used for the carriage of members of the public for reward other than a public service vehicle.” Therefore, trains, buses, and other shared ground transportation are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to trains, buses, and other shared ground transportation.

Taxis (for-hire vehicle)

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

Smoking is prohibited in taxis. Sections 47(1) and 47(8) of the Public Health (Tobacco) Act 2002 (PHA) (as amended by PHA 2004, Section 16) prohibit smoking in a “specified place,” which by definition includes “a vehicle used for the carriage of members of the public for reward.” Therefore, taxis are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis.

Commercial aircraft

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

Smoking is prohibited in commercial aircraft. Sections 47(1) and 47(8) of the Public Health (Tobacco) Act 2002 (PHA) (as amended by PHA 2004, Section 16) prohibit smoking in a “specified place,” which by definition includes “an aircraft.” Therefore, commercial aircraft are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial aircraft.

Commercial watercraft

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

Smoking is prohibited on commercial watercraft. Sections 47(1) and 47(8) of the Public Health Act (Tobacco) 2002 (as amended by the Public Health Act (Tobacco) 2004, Section 16) prohibit smoking in a “specified place,” which by definition includes a “ship or other vessel.” Therefore, commercial watercraft are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial watercraft.

Public transport facilities (waiting areas for mass transit)

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

Smoking is prohibited in public transport facilities. The Public Health (Tobacco) Act 2002 (PHA), Section 47 (as amended by PHA 2004, Section 16) prohibits smoking in a “specified place,” which by definition includes a “place of work” and government owned or occupied buildings. A public transport facility, as a place of work, is therefore smoke free. In addition, to the extent that the public transport facility is owned or occupied by the government, it is smoke free as such. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport facilities.

Vehicles in which a child is present

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Smoking is prohibited in mechanically propelled vehicles in which a child under the age of 18 is present.