The Irish Prison officers Association are to seek
a judicial review of the legislation surrounding the ban on smoking in the workplace.
Currently prisons, psychiatric units and some other facilities such as nursing homes are
exempt from the ban. Prison officers claim they are being discriminated against and should
have the same protection as other workers throughout Ireland. According to prison
officers, the exemption unless rescinded could lead to multi-million compensation claims
from both prisoners and prison officers seeking damages for healthcare.
Michael Martin the Minister for Health and Children who
introduced the ban had originally stated no exceptions would be allowed in his
legislation. However when the legislation was introduced prisons were among a number of
facilities and institutions exempted in law from the ban. It is thought the Prison
Officers Association wishes to ask the courts to deem these exemptions illegal.