Hildegarde Naughton (Galway West, Fine Gael) | Oireachtas source

I move:

"That the Bill be now read a Second Time."

I am pleased to be here on behalf of the Minister for Health to introduce the Public Health (Tobacco Products and Nicotine Inhaling Products) Bill to this House. The primary objective of the Bill is to reduce the health harms of smoking through reducing the use of tobacco products and nicotine inhaling products, especially by young people. The Bill will achieve these objectives through the introduction of a licensing system for the retail sale of these products, restrictions on sale and advertising, and strengthening the powers of the enforcement authority, namely, the environmental health service of the HSE.

Tobacco smoking is addictive and lethal. There is scientific consensus that smoking kills one out of every two smokers. According to international analysis, smoking is the risk factor that drives the most death and disability combined in Ireland. Our own data tells us it kills more than 12 of our people every day, or 4,500 per year. In addition to the death toll, combustible tobacco products also cause a vast range of illnesses, including chronic obstructive pulmonary disease, peripheral arterial disease, diabetes, aneurysms, stroke and 16 types of cancer. The World Health Organization has estimated 14% of Alzheimer's disease cases worldwide are attributable to smoking. Smoking during childhood and adolescence also causes both reduced lung function and impaired lung growth.

There remains an absence of scientific consensus on the health harms of nicotine inhaling products such as e-cigarettes. What is generally agreed is that nicotine inhaling products are not harmless, that it is likely that they are less harmful than tobacco cigarettes and that further research is needed to establish possible long-term health effects. The Health Research Board reviewed the evidence on e-cigarettes and heat-not-burn tobacco products in October 2020. Its main findings were that: e-cigarettes are not harmless but may represent a reduction in harm relative to smoking; more research is needed to establish the long-term health effects of e-cigarettes and heat-not-burn tobacco products; e-cigarette use is associated with an increased likelihood of smoking in adolescents; and e-cigarettes are as effective as approved nicotine replacement therapies for smoking cessation at six months. More research is needed to establish their safety and effectiveness in the longer term. Since July 2014 the World Health Organization has recommended sales of e-cigarettes to minors be prohibited as there is sufficient evidence of the potential for adolescent nicotine exposure to have long-term consequences for brain development. In addition, and as confirmed by the Health Research Board evidence, such a prohibition would prevent minors from becoming exposed to nicotine with the risk that this may act as a gateway to the use of tobacco products.

We have made good progress in reducing our smoking rates from the very high levels in the past but there is still much to do. The 2022 Healthy Ireland survey data tells us 18% of our adult population smoke, with 14% smoking daily and 4% smoking occasionally. Our latest Health Behaviour in School-Aged Children survey from 2018, shows 5% of children aged between ten and 17 years smoke monthly or more frequently and 11% have smoked at least once. Usage of e-cigarettes among adults was 6% in 2022, according to the Healthy Ireland survey, with 3% daily use and 3% occasional use. Among children, the 2018 Health Behaviour in School-Aged Children survey showed 9% had used an e-cigarette within the last 30 days and 22% had tried one at some point.

This Bill will introduce further restrictions on tobacco products, such as introducing the requirement for an annual licence, banning their sale through self-service and banning their sale from temporary or pop-up shops. We are also, for the first time, introducing Irish legislation on nicotine inhaling products, such as e-cigarettes. These products are currently regulated in Ireland through the EU tobacco products directive. This Bill will introduce measures additional to those required at EU level, including an annual licensing requirement to sell these products, a ban on the sale of these products to minors, a ban on the sale of these products and tobacco products by minors, with limited exceptions, a ban on the sale of these products and tobacco products at events for children and additional restrictions on the advertising.

I will take Deputies through the Bill to outline the content of each section. The Bill is divided into pile Parts. Part 1 is titled "Preliminary and General" and contains sections 1 to 9, inclusive. Section 1 sets out the Short Title of the Bill and provides that the Minister for Health may provide for different lead-in times for different sections. Longer lead-in times will be provided for certain provisions to ensure businesses will be given plenty of time to prepare for compliance with the new requirements in the Bill. In particular, the new requirement to apply for and obtain an annual licence to continue to sell these products. Section 2 deals with interpretation and defines some of the terms used in the Bill. "Nicotine inhaling product" is defined here and it includes any part of the product such as a cartridge attached to the product or any substance used in the product. This comprehensive definition means a licence will be required for the sale of any element of these products. This section also provides that sale by retail includes online sales.

Section 3 ensures the Act will not apply to medical devices such as those with nicotine which may be prescribed for smokers to assist them to quit smoking. Section 4 provides that companies and corporate bodies shall be deemed to be ordinarily resident at their registered office or principal place of business. Section 5 empowers the Minister for Health of the day to make regulations as provided for under the Act. Section 6 is a standard provision dealing with expenses. Section 7 is a standard provision dealing with the service of documents under the Act. Section 8 provides that where a person is sold a tobacco product or nicotine inhaling product from somewhere outside the State, but that product is despatched within the State, the sale is deemed to have taken place within the State and therefore will be subject to the provisions of the Act.

Section 9 repeals certain sections of the Public Health (Tobacco) Act 2002 and certain regulations. Sections 5A and 37 of the 2002 Act are being repealed. These sections deal with the Register of Tobacco Retailers. As the register is being replaced by the licensing system provided for in this Bill, these provisions will no longer be necessary. Section 45 of the Public Health (Tobacco) Act 2002 prohibits the sale of tobacco products to persons under 18 years of age. This prohibition is being re-enacted at section 29 of this Bill. It will now sit alongside a ban on the sale of nicotine inhaling Products to persons aged under 18 and will provide for updated defences for retailers. Section 9(2) revokes regulations from 2009 on the Register of Tobacco Retailers and the requirement that tobacco retailers have a sign on the counter. These regulations will need to be replaced as the Register of Tobacco Retailers will now be replaced by a licensing system. Section 9(2) also revokes the Public Health (Tobacco) (Self Service Vending Machines) Regulations 2009, which provided for the rules governing the sale of tobacco products through self-service vending machines. These regulations will no longer be required as the sale of both tobacco products and nicotine inhaling products by self-service, including through vending machines, is being prohibited in this Bill.

Part 2 of the Bill is titled "Licence for sale of tobacco products or nicotine inhaling products" and contains sections 10 to 23, inclusive. Section 10 sets out the application process for an annual licence to sell either tobacco products, nicotine inhaling products or both. Under the current registration system for tobacco retailers, a once-off registration, with a fee of €50, means a retailer can sell tobacco products from any number of premises for any length of time. Under the new system, an annual licence for each premises is required.

The fee will be determined by the Minister for Health. Section 10 also provides that a licence will not be issued for sales from a temporary or moveable premises other than a commercial passenger ship. This means that pop-up shops, for example at music festivals, will not be licensed to sell tobacco products or nicotine inhaling products.

Section 11 provides for the determination of the licence. The environmental health service of the HSE must refuse to grant a licence if the application is not made correctly, if the applicant has been convicted of two or more serious offences under tobacco control law, or if the applicant provides false or misleading information.

Section 12 provides for the issue of the licence and sets out the information that will be contained on the licence. Section 13 provides that a licence will be issued for a 12-month period. Section 14 provides for the renewal of a licence. Section 15 provides for an appeal to the District Court if an application for a licence, or for renewal of a licence, is refused. Section 16 provides that a licence holder may apply for a copy of a licence if the original has been lost, stolen, damaged or destroyed. Section 17 provides that the Minister may prescribe fees in relation to the licensing system.

Section 18 provides that a licence may be revoked if the licensee has committed two or more serious tobacco control offences, or no longer holds a valid tax clearance certificate, or provides false or misleading information. Section 19 provides that a licensee can make representations to the environmental health service in relation to the decision to revoke a licence, and section 20 provides for an appeal to the District Court against a revocation.

Section 21 sets out the duty to display a licence. Section 22 describes the register of licences to be held by the environmental health service, and section 23 sets out that a licensee must notify changes in information to the environmental health service.

Part 3 is titled Certain Offences and contains sections 24 to 31, inclusive. Section 24 makes it an offence to sell tobacco products or nicotine inhaling products without a licence. Section 25 prohibits the sale of tobacco products or nicotine inhaling products by self-service.

Section 26 provides that tobacco products or nicotine inhaling products cannot be sold by a minor. The exception is a close relative of the licensee who is over 16 years of age. The purpose of this provision is to ensure that these products are not further normalised for young retail workers and to avoid such workers coming under peer pressure to sell these products to other minors. Section 27 re-enacts the ban on the sale of tobacco products to minors and applies that to nicotine inhaling products. It shall be a defence for a retailer if the purchaser produces a form of identification such as a passport or age card.

Section 28 prohibits the sale of tobacco products or nicotine inhaling products at events aimed at children or at events where children are in the majority. Section 29 prohibits the advertising of nicotine inhaling products on school grounds or within 200 m of the perimeter of a school; on a public service vehicle such as a taxi, bus, train or tram; at a train station or bus station; or at a bus stop or tram stop. Section 30 provides that it is an offence to advertise nicotine inhaling products in a cinema except around a film that has been classified as suitable for adults. Section 31 provides that it is an offence to display a licence that has been suspended, revoked or has expired.

Part 4 is titled Enforcement and Compliance and contains sections 32 and 33. Section 32 provides a statutory backing for the environmental health service’s programme of test purchasing. This is an enforcement tool used by the environmental health service, in which persons under 18 attempt to purchase tobacco products. Section 33 provides that the environmental health service may publish a list of persons on whom a fine or other penalty has been imposed by a court under the Act.

Part 5 is titled Penalties and Proceedings and contains sections 34 to 40, inclusive. Section 34 sets out the penalties for offences under the Bill. Section 35 is a standard section providing that it is a defence for a person to show they made all reasonable efforts to comply with the requirements of the Act. Section 36 provides that officers of a company or like persons are liable for offences committed by a body corporate. Section 37 relates to the certification of evidence in the case of samples examined in a designated laboratory.

Section 38 provides for the duration of the periods for which a licence will be suspended by a court. The duration depends on the seriousness of the offence committed, whether it is a first offence and whether the offence is taken on summary prosecution or on indictment. The minimum suspension period is not less than two days and the maximum is 12 months.

Section 39 provides that summary proceedings may be brought and prosecuted by the HSE. Section 40 provides that the offences of the sale of tobacco products and the sale of nicotine inhaling products by self-service, along with the sale of both products at events for children, may be prosecuted within 12 months.

Part 6 is titled Amendment of Public Health (Tobacco) Act 2002 and contains sections 41 to 48, inclusive. Section 41 inserts necessary definitions into the Public Health (Tobacco) Act 2002. Section 42 amends section 5 of the 2002 Act to align the penalties for the sale by self-service of tobacco products with that of nicotine inhaling products. Section 43 provides for electronic service of documents. Section 44 makes a number of amendments to section 43 of the Public Health (Tobacco) Act 2002, the most important of which is to repeal the provision that allows for the sale of tobacco products through self- service vending machines.

Sections 45 and 46 amend the 2002 Act to ensure the powers, functions and appointment of authorised officers applies to this Act. This also ensures those powers apply to nicotine inhaling products as well as to tobacco products. Section 47 amends the Act of 2002 to include the offence of forgery of documents in this Act.

Section 48 adds new sections 54 to 57, inclusive, to the 2002 Act. This will provide the environmental health service with the additional enforcement tools of compliance notices, prohibition notices and fixed payment notices throughout all of tobacco control law. It also provides for the procedure to be used if material that may be subject to legal privilege is at issue in an investigation by the environmental health service.

Part 7 is titled Miscellaneous and contains sections 49 and 50. Section 49 inserts nicotine inhaling products into the Criminal Justice (Psychoactive Substances) Act, alongside tobacco products, so that the Act is disapplied from them. Section 50 includes references to this Act in the tobacco products directive regulations of 2016.

I look forward to all of the Deputies' contributions on this important law, which is designed to reduce health harms from smoking and drive down the uptake of tobacco products and nicotine inhaling products, particularly by our children. I commend the Bill to the House.

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