The Government is seeking further advice from the Attorney General, Mr Rory Brady, before finalising regulations to strengthen the smoking ban by putting tobacco smoke on a list of substances banned in workplace safety laws.
The new regulations - sponsored by the Minister of State for Labour Affairs, Mr Frank Fahey - are intended to empower up to 300 Environmental Health Officers to police the ban.
They will complement the ban introduced by the Minister for Health, Mr Martin, under which 100 health and safety officers are empowered to police the ban.
But while Ministers are understood to have agreed in principle to sign the regulation, the Government spokeswoman said last night that further discussions were required before the regulations were finalised.
It is understood that advice from Mr Brady was sought in an effort to harmonise Mr Fahey's regulations with those of Mr Martin. Both pieces of legislation are intended to be complementary.
The fact that the EU requires three months' notice before such measures take effect means that the Mr Fahey's regulation will not be in place before Mr Martin's takes effect on January 28th.
Mr Martin's spokeswoman said the delay in the production of the latest regulation would not delay the introduction of the ban.
Mr Fahey's regulation will amend Safety, Health and Workplace Act of 1989, which has included a list of banned carcinogens since 2001. The new proposal will see tobacco smoke included on that list, which includes substances such as mustard gas.
