Health Board lawyers will decide whether to prosecute the Fine Gael deputy Mr John Deasy for breaching the ban on smoking in the workplace after their investigator's report on the incident which cost the Waterford deputy his front bench position.
Explaining his decision to fire his justice spokesman yesterday, the Fine Gael leader Mr Enda Kenny said: "My business is enforcing standards in the Fine Gael party. Any member of the party who does not live up to those standards will have to live up to the consequences".
Mr Deasy was sacked from the front bench on Wednesday night because he smoked in the Oireachtas Members' Bar on Tuesday night having being refused access to a small outdoor yard area to smoke. This incident follows a series of confrontations between Mr Deasy and the party leadership since his election to the Dáil in 2002. Mr Kenny and Mr Deasy were said to have had a cordial conversation after the sacking. Mr Deasy said yesterday that he understood why Mr Kenny had taken this action, and there were "no hard feelings".
The Taoiseach and the Minister for Health yesterday said that legislators should uphold the law, pointing out that the smoking ban had had all-party support.
The South Western Area Health Board began an investigation yesterday after the Office of Tobacco Control, which advises the Minister on anti-smoking policies, referred the matter to it. The OTC is charged with enforcing the smoking ban, and refers allegations of law breaking to the relevant health board.
The OTC said yesterday that it was now up to the SWAHB's law agent to decide whether to initiate a prosecution, based on the outcome of its investigation. A health board spokeswoman would not give details of how the investigation would be carried out, but confirmed yesterday that it had already begun.
It is not known how long the investigation will take. Persons convicted for breaching the ban face fines of up to €3,000 or three months imprisonment, or both.
An Oireachtas spokeswoman said yesterday that the investigation would take place in the same manner as would happen in any other workplace. "There is a bit of a myth that the law doesn't apply in here. It does."
While the 1937 Constitution allows Oireachtas members to claim immunity from arrest while travelling to and from Leinster House, or while on the premises, this does not prevent the investigation of any alleged breaches of the law on the premises, or subsequent prosecution.
The investigators are likely to talk to bar staff from the Oireachtas members' bar, where Mr Deasy smoked two or more cigarettes on Tuesday night.
The Oireachtas spokeswoman said that the Leinster House authorities had complied with the law, indicating that they do not believe any action will be taken against them. The management of a licensed premises is obliged to take "all reasonable efforts" to ensure the law is complied with and it had done this.
The Taoiseach told reporters yesterday that it was important for everybody to comply with the law. The incident involving Mr Deasy was "entirely a matter for the action of Fine Gael and they dealt with the issue.
"I would urge everybody and everybody associated with my party to comply with the law. Obviously legislators have a special responsibility in that we legislate the law." He said compliance with the law had been very high so far.
Mr Kenny said he had sacked Mr Deasy because "I believe that to restore public confidence in politics then politicians must lead by example. They must behave responsibly and take responsibility for their actions. In this particular instance I found John Deasy's position as spokesman on justice to be untenable and I acted accordingly." He said a member of his own party had brought the matter to his attention on Wednesday, the day after the incident. "John Deasy was our spokesman on justice. The law of the land applies here."