John Cummins (Waterford, Fine Gael)

I too welcome the students to the House. I hope they have an enjoyable day in Leinster House.

I thank Senator Duffy for raising this very important matter, which I am taking on behalf of the Minister for Health. Nobody can deny we have seen an increase in vaping in recent years, particularly among young people. Work is already under way to tackle it. The Senator specifically raised the issues of regulation of retailers and the marketing of these products to young people, so I will focus on those in my response.

First of all, the Public Health (Tobacco Products and Nicotine Inhaling Products) Act 2023 brought in a minimum age of sale of 18 for nicotine inhaling products and will introduce a licensing system for the retail sale of tobacco and nicotine inhaling products. Currently there is a one-off registration system for tobacco and no registration system for the sale of nicotine inhaling products such as vapes. This has led to vapes being sold in the likes of sweet shops, butchers, phone repair shops and fast food takeaways. From February 2026, retailers will have to apply annually for a licence, including a declaration that they comply with all relevant law in this area.There will be increased penalties for retailers who commit offences, including minimum licence suspension periods and revocation of the licence entirely for retailers who commit two or more serious offences, such as selling to a minor. This Act will also prohibit the sale of tobacco and nicotine inhaling products from self-service vending machines and events aimed at children, and licences will not be granted to temporary or moveable premises, such as those at festivals.

Regarding the marketing of nicotine inhaling products, advertising of these products is already prohibited online, in print, on TV and on radio. The 2023 Act expanded this to include restrictions near schools, on public transport and in cinemas. The Government is taking regulation of the retail environment and restrictions on marketing further in legislation that is currently being drafted by the Minister for Health. The public health (nicotine inhaling products) Bill will require shops to hide nicotine inhaling products in the same way as they do for tobacco so that they are out of sight in shops where children may be present. As with tobacco, this will not apply to shops that only sell nicotine inhaling products. However, the legislation will also introduce an advertising ban in all retail premises where nicotine inhaling products are sold.

It will also regulate the actual product characteristics to reduce their appeal to young people. This includes restrictions on the use of colours and imagery on devices and their packaging so that any products on display or seen by young people are not brightly coloured or covered in cartoons. It will also include a ban on devices which resemble toys or games, which the Senator referenced in his opening remarks, for the same obvious reasons. The Bill will significantly restrict the flavours available for sale and ensure only basic flavour names are used. The Bill will also prohibit the sale of single-use vapes, as these are disproportionately used by young people, not to mention the environmental impacts associated with them.

In short, the Government has already taken steps in this area, but there are more items to progress. The Minister hopes the Senator and colleagues in this House will support the upcoming implementation of the 2023 Act and the new proposed legislation when it comes before the Oireachtas.