James Reilly (Dublin North, Fine Gael) | Oireachtas source

I thank the Deputy for raising this very important issues. As the Deputy is aware, I have been very public regarding my aims and objectives regarding smoking and tobacco, particularly the harm they cause in Ireland. With regard to e-cigarettes, these products are not presented by the manufacturer as medicinal products for smoking cessation or as medical devices with a therapeutic purpose, so they do not fall under the medicinal products or medical devices legislation. As e-cigarettes do not contain tobacco, they are not currently regulated under Irish tobacco legislation.

At the European level, the European Council has recently adopted a new EU tobacco products directive, which will come into force later this month. This new directive provides for the regulation of e-cigarettes by setting mandatory safety and quality requirements, such as those on nicotine content, ingredients and devices, as well as refill mechanisms, etc., for e-cigarettes. It also looks to ensure products are child-proof and tamper-proof, and this is clearly a relevant issue from what the Deputy has stated. The directive would also make health warnings and information leaflets obligatory, introduce notification requirements for manufacturers and importers of e-cigarettes and impose stricter rules on advertising and monitoring of market developments. The tobacco products directive also states that member states are free to regulate such matters within the remit of their own jurisdiction and are encouraged to do so.

A World Health Organization study group report concluded that the safety and extent of nicotine uptake from e-cigarettes has not been established and not enough scientific evidence existed to validate the claim that the products were smoking cessation aids. The report also notes that the delivery of nicotine to the lung might be dangerous and that it was of global importance to address lung delivery in scientific studies. Further research and clinical trials were recommended by that group at that time. Of further concern, although not directly related to exposure to the potential harm from second-hand aerosol, is the impact that the use of e-cigarettes might have on the enforcement of the ban on smoking in enclosed public places. As e-cigarettes can often look like cigarettes and emit smoke-like material, it can cause considerable confusion as to whether the person using the e-cigarettes is smoking a cigarette.

Additionally, there is a concern that the policy objective of denormalisation of tobacco use could be compromised by the open use of e-cigarettes in places where cigarette smoking is prohibited. This is a critical point to understand. If one asks a smoker why he or she began the habit, the response will not be because he or she liked it. Most people feel ill the first time they inhale smoke, as it is a toxin, a carcinogen and cigarettes kill one in two people who take up the smoking habit. People are drawn to the habit because they feel it makes them seem "cool". If we allow e-cigarettes to facilitate people to continue with a habit that resembles smoking, we will undermine the public health policy of denormalising smoking, particularly where children are present.

Following this rationale, the use of e-cigarettes will no longer be permitted in any of the Health Service Executive's facilities or campuses. The ban commenced on 1 May as part of the HSE's tobacco-free campus policy, which, in line with Tobacco Free Ireland, our national policy, aims to denormalise smoking and protect the health of staff and patients. The executive has committed to reviewing this policy as new evidence becomes available. Other bodies have also taken the initiative, including larnród Eireann, and all organisations and agencies are free to do so on a voluntary basis. My Department is currently reviewing the available international research and literature relating to e-cigarettes, including the health effects of these devices. Based on the results of this exercise, it is my intention to introduce further regulation on e-cigarettes as necessary and appropriate.

I acknowledge, understand and share the Deputy's concerns regarding the use of devices such as e-cigarettes. I understand this from a health perspective both in terms of the user and people exposed to the emissions. I am also concerned from a tobacco denormalisation perspective and taking into account any erosion of significant developments in the tobacco area in the last decade. As stated, there is a lack of research and evidence regarding the long-term effects of such devices given that they are a relatively new phenomenon. Whereas anecdotal evidence is emerging regarding the assistance of such devices in achieving smoking cessation, no hard evidence supports this conclusively.

It is important to state that the majority of the manufacturers of these products do not present or licence them as smoking cessation aids. With this in mind, the steps taken by the EU Commission in the new tobacco products directive on the regulation of e-cigarettes is a positive development. As stated, my Department is reviewing this area and based on this I intend to further regulate this area as appropriate.

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