On Monday, the Irish Republic hailed its smoking ban a success

The advice has come in a letter from Health Minister Angela Smith to an assembly member.

She also indicated that the government believed legislation to ban smoking in the workplace was not the way forward.

Sinn Fein assembly member for Upper Bann, John O'Dowd, wrote to Angela Smith at the end of March, calling for a ban on smoke in the workplace.

In her response, the minister said the onus was not on the government, but on employers to tackle this issue through health and safety legislation.

In her letter, she said: "Existing health and safety legislation may afford protection from exposure to tobacco, although this has not been tested in the criminal courts.

"While there is no specific statutory duty on employers to ban smoking, the legislation does place a duty on employers to ensure the health, safety and welfare of their employees and of others who may be affected."

However, Mr O'Dowd, said that was not good enough.

'No smoking signs'

On Monday, the Irish Republic hailed its smoking ban a success, with 97% of inspected premises complying with the law.

A report on the workplace ban, by the Office of Tobacco Control (OTC), found one in five smokers now choose not to smoke at all on a night out.

Since the ban was imposed on 29 March, 96% of pubs and restaurants have complied - with 89% displaying the required no smoking signs.

The report also found more non-smokers were now venturing out to the pub.

Meanwhile, Norway is set to follow suit, becoming the second nation to ban smoking in public from a minute past midnight on June 1 (Monday, 2200 GMT).

Officially, the ban aims to achieve a smoke-free environment in pubs and restaurants to protect the health of those who work there, but in practice, it is also expected to cut smoking in the country.