Kathleen Quinlan Director of Communications Office of Tobacco

Kathleen Quinlan Director of Communications Office of Tobacco Control Ireland

Going Smoke-free: The Irish Experience Kathleen Quinlan Director of Communications and Education

What is the smoke free workplace legislation? Public Health (Tobacco) Acts – S 47 as amended by S 16 • 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

Enforcement Public 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 secondhand 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 “Pro Health Lobby” – Environmental Health Officer Association – Health and medical community – Trade unions

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