368. Deputy Pádraig Rice asked the Minister for Health to address matters raised in correspondence (details supplied); if the guidance has been updated since 2004; if exempted premises are monitored to ensure staff safety; and if she will make a statement on the matter. [10847/26]

Jennifer Carroll MacNeill, Minister for Health: Section 47 of the Public Health (Tobacco) Act 2002 prohibits the smoking of tobacco in places of work. The National Environmental Health Service of the HSE is the enforcement body for these provisions.

Section 47 (7) exempts certain premises from the legislative prohibition where there is a similarity to a private residence, for example in prisons and residential care facilities. However, it does not oblige employers or managers of such premises to permit smoking, nor confer a right to smoke on the premises. It also does not interfere with an employer's duty of care and the responsibility to ensure a safe and healthy place of work. Guidance for employers in exempted premises was published at the time of the legislation coming into effect. Broader workplace health and safety issues are a matter for the Health and Safety Authority. The Tobacco Free Ireland policy is currently being reviewed. This includes assessment of the legislative and non-legislative measures to protect the public from second-hand smoke and aerosol, and whether these should be strengthened.