Last updated: December 15, 2020
Key Terms
Second Hand Smoke (or similar term)
Although this term is not defined, a definition is not strictly necessary because the term is not used in the law. The law’s smoke free measures provide that “smoking of a tobacco product in a specified place is prohibited,” rather than, for example, “no person shall be exposed to second hand smoke” in a specified place.
The smoke emitted from the burning end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the smoker. (FCTC Art. 8 Guidelines para. 15)
Smoking or Smoke
Smoke in relation to a tobacco product: includes sniffing, chewing or sucking of such a product.
The definition of “smoke” in the Public Health (Tobacco) Act (PHA) is more inclusive than the definition contained in the FCTC Art. 8 Guidelines in that it includes sniffing, chewing, or sucking a tobacco product. However, the definition in the PHA could also be construed as more limited than the FCTC Art. 8 Guidelines definition in that it does not specifically encompass being in possession or control of a lit tobacco product. To clarify the scope of the smoking ban, a definition of “smoke” or “smoking” in the Act should specifically include “being in possession of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled.”
Being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled. (FCTC Art. 8 Guidelines para. 17)
Public Place
The Public Health Act does not define “public place.” However, a definition of “public place” is not strictly needed for interpretation of the Act because the Act prohibits smoking in all “places of work,” which, by application, includes all public places. In practice, the application of the definition of “places of work” in the Act aligns with the intent of the definition of “public place” in the FCTC Art. 8 Guidelines.
An area, permanent or temporary, that is accessible to the general public or for collective use by the general public regardless of ownership or right of access. (FCTC Art. 8 Guidelines para. 18)
Workplace
“Place of work” has the same meaning as it has in the Safety, Health and Welfare at Work Act, 1989.
The Safety, Health and Welfare at Work Act, 1989 defines “place of work” as:
any place, land or other location at, in, upon or near which, work is carried on whether occasionally or otherwise and in particular includes—
(a) a premises,
(b) an installation on land and any offshore installation (including any offshore installation to which the Safety, Health and Welfare (Offshore Installations) Act, 1987, applies),
(c) a tent, temporary structure or movable structure, and
(d) a vehicle, vessel or aircraft.
The Public Health (Tobacco) Act refers to the Safety, Health and Welfare at Work Act, 1989 for the definition of “place of work.” The definition of “place of work” in the Safety, Health and Welfare at Work Act, 1989 aligns with the definition of “workplace” in the FCTC Art. 8 Guidelines.
An area, permanent or temporary, in which a person performs duties of employment or work, regardless of whether the work is done for compensation or on a voluntary basis, and includes private offices, common areas and any other area which generally is used or frequented during the course of employment or work. (FCTC Art. 8 Guidelines para. 20)
Public Transport
Public service vehicle: means a mechanically propelled vehicle used for the carriage of persons for reward and having seating accommodation for more than 8 persons exclusive of the driver.
The Public Health (Tobacco) Act (PHA) definition of “public service vehicle” is narrower than the FCTC Art. 8 Guidelines definition of “public transport” because the PHA definition limits “public service vehicle” to vehicles that accommodate eight or more persons. However, a substantive provision of the PHA applies the smoking ban to, among other places, “a vehicle used for the carriage of members of the public for reward.” Therefore, the PHA definition and substantive provisions together align with the intent of the FCTC Art. 8 Guidelines.
Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)
Indoor or Enclosed
The Public Health Act does not define “indoor” or “enclosed.” However, a definition of these terms is not strictly needed for interpretation of the Act, because the law does not prohibit smoking in “indoor” places. Rather, the law (Public Health Act 2002, Section 47, as amended by PHA 2004, Section 16) prohibits smoking in “specified places” and exempts from the smoking ban outdoor places having no roof or with a roof and having not more than 50% of the perimeter surrounded by walls. The substantive exemption from the ban of outdoor places having no roof or a roof and not more than 50% of the perimeter surrounded by walls is narrower than the intent of the FCTC Art. 8 Guidelines, which defines an indoor place as a place with a roof and one or more walls. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines the law should prohibit smoking in all “indoor” public places and workplaces and define “indoor” in accordance with the FCTC Art. 8 Guidelines.
Any space covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, walls or sides, and regardless of whether the structure is permanent or temporary. (FCTC Art. 8 Guidelines para. 19)
Tobacco Product
Tobacco product means: (a) any product consisting, in whole or in part, of tobacco, that is intended to be smoked, (b) a tobacco product within the meaning of the Finance (Excise Duty on Tobacco Products) Act 1977 (inserted by section 86(1) of the Finance Act 1997), or (c) any cigarette paper, tube or filter manufactured for use in the smoking of tobacco, other than a medicinal product within the meaning of the Irish Medicines Board Act 1995.
The definition of “tobacco product” in the Public Health (Tobacco) Act (PHA) aligns with the definition of “tobacco product” provided in FCTC Art. 1(f). Although the definition in the PHA is limited to a product “that is intended to be smoked,” the definition of “smoke” in the PHA includes “sniffing, chewing or sucking.” Thus, the definition of “tobacco product” in the PHA aligns with the definition of “tobacco product” in the FCTC.
Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))
