The Vintners' Federation of Ireland (VFI) has pledged to legally defend any members "unfairly treated or prosecuted" due to the introduction of the workplace smoking ban on March 29th. Joe Humphreys reports.
At a meeting in Portlaoise yesterday, the union's national executive council (NEC) said it would also "re-examine the justice of this legislation when the full impact of loss of business becomes apparent".
The senior officials, however, fell short of recommending a legal challenge to the ban, having previously received legal advice indicating there was little chance such a challenge would succeed.
The 64-member NEC reached its decision after a general meeting of the VFI, attended by up to 250 publicans.
A number of delegates, including Mr Finbar Murphy, chairman of the Irish Hospitality Industry Alliance, accused the council of ignoring the wishes of the majority of publicans by rejecting the legal route.
"The only option that was discussed and demanded by the members was for the NEC to get immediate legal advice on the guidelines. I am extremely disappointed their voices have not been heard," said Mr Murphy, a Munster-based publican.
In a statement following its meeting, the VFI - which claims to represent 6,000 rural publicans - said its members' concerns had grown since the publication of the final regulation guidelines last Monday.
"We have no further insight on how the ban is to be effectively and safely enforced. The guidelines are unhelpful, confusing and contrary to the law.
"A publican cannot and must not be held responsible for the actions of a customer over whom he has no control. To do so makes a mockery of both civil and criminal law. The smoker must be made responsible for his/her actions, not the publican, or anybody else," the statement read.
Mr Joe Browne, president of the VFI, said while members faced "a very difficult time ahead we are a responsible body and we will not advise members to break the law. We have advised our members accordingly".
But Mr Murphy said: "There was a very strong mandate from the floor for an immediate legal challenge. What was demanded of the NEC has not been done, and that's likely to make for quite a vibrant a.g.m. in a number of weeks' time ... There is no protection under this legislation - unlike in California and unlike in New York - where traders can apply for a waiver if extreme hardship has been caused. Small rural outlets with no other income will be worst hit, along with those close to the Border."
Minutes of a meeting of the NEC last January showed that senior officials were alerted to the likely failure of a legal challenge. The union was told it had a 40 per cent chance at best of securing an injunction, while there was no guarantee of any success at a full hearing.