Dáil debates

Tuesday, 13 June 2023

Public Health (Tobacco and Nicotine Inhaling Products) Bill 2023: Second Stage

 

6:00 pm

Photo of Alan FarrellAlan Farrell (Dublin Fingal, Fine Gael) | Oireachtas source

I appreciate the opportunity to make a contribution to this debate. Having tabled a Bill in this vein in 2019, specifically for the purpose of banning the sale of vape-related products to children, I am pleased the Minister of State, Deputy Naughton, has been able to progress this matter. I am also pleased the Government has taken the necessary steps in the banning of disposable vaping products.

Others have noted data collected in the European School Survey Project on Alcohol and Other Drugs. Its report was published in 2019. Almost 2,000 aged 15 and 16 years completed its survey. It reported that 39% had used e-cigarettes and 16% reported having used one in the last 30 days. Vaping has become much more widespread in recent years and we must be cognisant that these figures may have risen since that report in 2019. We also know the use of vaping products among adolescents increases the likelihood of someone taking up smoking in later life which directly goes against the efforts of successive governments to drive down smoking rates in Ireland which result in 4,500 deaths in the State every year. It is precisely for that reason that I introduced a Private Members' Bill, the Public Health (Electronic Cigarettes and Herbal Cigarettes) Bill 2019, which sought to prohibit the sale of vaping products and other inhalation products to those aged below 18 years. I believed then, as I do now, that there is a range of further measures which we should consider the context of vaping products in Ireland. That includes limiting the range of vaping flavours readily available on the market. That has been covered by others but I would make the point, which I will return to, flavours are not the problem; advertising is the problem.

Other jurisdictions, perhaps most notably Australia, have introduced comprehensive legislation with regard to the regulation of flavoured vapes and packaging. A strict legislative approach with regard to vaping is needed and is justified by the data as well as government policies pursued over the years.

I welcome that this Bill will prohibit the sale of vaping and tobacco products at events where children and young people are the key target demographic. This is similar to the "no-fry zones" concept that was introduced some years ago. The Bill also includes a ban on self-service vending machines that provide vaping products and, importantly, it also provides for a more robust licensing system for retail sale of tobacco products and nicotine-inhaling products. These are important measures that will fulfil commitments made within the programme for Government and, as a result, in a healthier society particularly for younger people. We should also remain cognisant that globally long-term data on the effects of vaping on the human body remain unclear. It is relatively new products and there simply has not been enough time to study the long-term implications of vaping. This is something the HSE and other relevant agencies should monitor in coming years - study today so that we can learn tomorrow - in order to best inform the work of the Government, the Department and this House. In line with the European directives and regulation we have a minimum-quality standard with regard to vaping products but as we have more data and research in the coming years, regulation should be strengthened and re-evaluated if necessary as we have more information. I look at the UK where a national health body is recommending vaping products. This is something I believe is questionable, which I said at the time.

I want to recognise the wider context of the Bill and the debate in this area. Disposable vapes have an enormous impact on the environment not just through single-use plastic but also their use of lithium batteries and the litter created by these products around our communities. I invite Members to carefully have a look at the school yard and-or the bushes around schools where they will see them everywhere.

I want to touch on the question of banning advertisements. I have made this point in the past. I am very aware of the requirement for a wait period due to the competition directive when we are looking at advertising bans but if we can do this for tobacco products, then we should be doing it for vaping products too. In her opening remarks, the Minister of State noted that the various sections of the Bill are to be scheduled and I welcome that. It gives us an opportunity to copy and paste the plain packaging and advertisement ban for tobacco products into this Bill through the relevant research and implement it at an appropriate time following the wait period. It is appropriate for us to consider an amendment to that approach for the point-of-sale and general advertising ban-related products. Others have talked about the online sphere but one does not see cigarettes being advertised online. There is no hashtag for cigarettes online that I am aware of, so maybe it is as simple as that.

I return to my point that flavours are not the problem; advertising is. If we are talking about people selling a product in a shop near schools that is yellow or has bright colours, smells nice and all the rest of it, then advertising is the problem. We have recognised this for decades and yet when it comes to vaping, it seems to be something new that we are not quite ready to grasp.

Look at who owns the vaping companies. Why was the litigation, both globally and in Ireland, dropped by the tobacco companies? It is because they bought the vaping companies because they recognised that there was an avenue. We know this because of documents that were released because of litigation in the United states some 15 or 20 years ago relating to information and marketing strategies employed by those companies 50 years ago. The stuff there would make anyone’s eyes water. This is publicly available information which shows that the cigarette companies changed their strategies so they could attract young people to take up smoking and the vaping companies are doing exactly the same thing today. It is not rocket science. I implore the Minister of State to please take this suggestion on board. Those companies were not trying to stop their bottom lines; they were hooking the next generation to their product. They cannot advertise; the packaging is generic in many countries, including our own; you cannot smoke in pubs in many places; and in some places in the United States and other countries, you cannot smoke in the street. This is their avenue. Many countries in the western world have put a chink in the armour.

I do not wish to seem negative. I wholly welcome the provisions of the Bill, but we have an opportunity and I see no reason we should not proceed with banning outright advertisements for vaping products and even moving towards plain packaging thereafter.

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