Shane Cassells (Fianna Fail)
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I welcome the Minister of State, Deputy Feighan, to the House.

Maria Byrne (Fine Gael)
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I move:

That Seanad Éireann:

acknowledges that: - the restriction on smoking tobacco in the workplace ‘for the purposes of reducing the risk to and protecting the health of persons’ was brought into force in 2004 under the Public Health (Tobacco) Acts 2002 and 2004;

- the effect of this ban has been that people are not allowed to smoke in office blocks, aircraft, trains, company vehicles, health premises, schools, colleges, cinemas, theatres, licensed premises and clubs, when these places are a place of work;

- the ban also applies to common areas within buildings, such as corridors, lobby areas and reception areas of buildings, such as apartment blocks and hotels;

- the Protection of Children’s Health (Tobacco Smoke in Mechanically Propelled Vehicles) Act 2014 brought about a prohibition of smoking tobacco in a car with children under the age of 18 as a means to further ensure a reduction in risk to health of children;

- the definition of vaping according to the HSE’s website is: ‘Electronic cigarettes (“e-cigarettes”) use batteries to heat up nicotine, water and propylene glycol or glycerine with flavourings. This creates a vapour that lets you inhale nicotine without smoking or using tobacco. This is known as “vaping”’. Based on this explanation, ‘vaping’ is the use of an electronic cigarette;

- the Tobacco Products Directive was transposed into Irish law by the European Union (Manufacture, Presentation and Sale of Tobacco and Related Products) Regulations 2016. The Regulations rely on the definition of ‘electronic cigarette’ in the Directive: ‘“electronic cigarette” means a product that can be used for consumption of nicotine-containing vapour via a mouthpiece, or any component of that product, including a cartridge, a tank and the device without cartridge or tank. Electronic cigarettes can be disposable or refillable by means of a refill container and a tank, or rechargeable with single use cartridges’;

- the EU are in the process of introducing legislation on vaping throughout European Member States; notes that: - tobacco products are heavily regulated at EU level in the form of tobacco control measures concerning packaging, labelling, advertising, taxation, which aim to discourage their consumption. E-cigarettes and vaping products are not regulated in the same way;

- the European Commission announced in 2021 in its ‘Europe’s Beating Cancer Plan’, that it would propose to update the 2009 Recommendation in 2023 to extend its coverage to emerging products, such as e-cigarettes, and to explicitly include certain outdoor spaces such as schools, playgrounds and outdoor terraces of bars and restaurants in its scope;

- it is the owner, manager or person in charge of the workplace who is responsible for ensuring that the ban on smoking in the workplace is complied with, they can do so with the statutory support of the legislative ban, but as no such statutory support exists in regard to a prohibition on vaping due to the absence of policy in this regard, it is the employer who is obliged to ensure a safe place of work;

- Ireland was the first country to introduce a ban on smoking in certain places in order to advance public health;

- the HSE Public Health gives very clear advice that cautions against vaping and clearly demonstrates a concern regarding the health risks of vaping as follows:

- they urge those who do not smoke, not to start vaping noting that most vaping liquids contain nicotine, and that nicotine is a dangerous and addictive chemical;

- they clearly state that there are risks and negative health effects linked with vaping, that include:

- nicotine dependence,

- injuries - for example, from defective e-cigarette batteries,

- poisoning and exposure to toxins,

- changes to how the heart, lungs and other organs normally work;

- the HSE recommend for that those who wish to stop smoking:

- get support from a stop smoking advisor, GP or pharmacist,

- use licensed stop smoking medicines as the safest and most effective way to stop smoking;

- they do not recommend vaping as a way to stop smoking and cite the following reasons:

- safer options have been proven to work,

- they urge the use of licensed medicines to stop smoking, noting that treatments such as nicotine replacement therapy (NRT), available in pharmacies, and prescription treatments from your GP and which have been tested over many years work and are safe;

- the HSE have reviewed studies of vaping as a stop smoking support and when they compare vaping with the options they recommend, they are not confident that vaping is a safe or effective way to stop smoking;

- the HSE clearly states that:

- e-cigarettes are not stop smoking medicines,

- e-cigarettes are not licensed medicines,

- licensed stop smoking medicines go through quality and safety checks before they can be sold. There are some regulations for e-cigarettes and vaping liquids as consumer products but the system for licensed medicines is much stricter;

- with this in mind and given the potential risks to health and the rising cultural acceptance of vaping for those trying to quit smoking and those who have never smoked,

calls for: - the concerns of the HSE to be elevated to a policy and statutory footing to demonstrate the concerns and health risks;

- the treatment of vaping in an analogous manner to that of smoking with the immediate introduction of legislation that bans vaping in the following places:

- indoors at the workplace,

- in public spaces and communal places,

- in cars carrying children,

- the development of public policy and legislation that regulates the sale of vaping products and e-cigarettes in a manner similar to that of tobacco products to include warning displays on any packaging;

- Ireland to clearly signal and advocate strongly for an acceleration of the regulation of e-cigarettes and vaping products in the EU;

- the Government to promote an awareness campaign in print and social media on the dangers of vaping and e-cigarettes which reflects the concerns expressed by the HSE;

- the penalties for non-adherence to the legislation be introduced and enforced.

I will share time with Senator Conway - eight minutes each. I thank the Minister of State for coming to discuss this all-important issue. We had the smoking ban back in 2004 and we have had various different amendments to the Act through the years. Certainly, vaping is of concern to many constituents and me. That is why this motion has been presented. In Europe, they are looking at making amendments in relation to vaping. In addition, the Minister for Health, Deputy Stephen Donnelly, has ideas around vaping and is looking at something, or at least I saw in the paper that he is. The three key areas of concern where we want vaping to be banned are indoors, in public places and in cars where children are present. These are the areas that need to be looked at seriously.

Last Thursday night I was at something and we went for a drink afterwards. There were five people sitting at a table near us and four out of the five were vaping and they all had different flavours. One fellow was blowing it up his sleeve and they were doing everything. It was hard to make out for a while whether they were smoking or vaping. Vaping has become the new norm.

Organisations like the Irish Heart Foundation are very concerned that if young people see their parents vaping in public, it will encourage them to turn to cigarette smoking as they grow up. We are all aware of the impact that the smoking ban has had on our health. We must be conscious that it took much research to see the negatives of long-term smoking before the ban came in. Vaping is a new phenomenon and we must be more conscious and fully aware of the impacts it must be having on our health. That is the perspective from which this motion is coming. While they say that there is no research out there to show that it is not harmful to one’s health, there is no research to show that it is good for one’s health either, although there is much research happening at the moment.

On dealing with businesses, I have spoken to many business owners who have signs up on their doors about no vaping. As it is not illegal to vape indoors, people try to vape on the premises, perhaps where they are sitting, in a corridor or whatever. Even recently when I was on the Luas, which had a sign up about no vaping, I saw somebody trying to vape between the two carriages. It looked a bit strange, to be honest. Adding vaping to the health Acts and the smoking ban will assist and allow for a legislative perspective to protect businesses and enshrine fines for those who do not comply. This is very important.

The Irish Heart Foundation recently issued a report that stated it is concerned at the number of young people who are vaping. Another part we should look at in relation to this motion is that under-21s should not be allowed to vape. One in every five young people said that they vape. Young people vaping is a very worrying trend. According to one article, everyone is vaping because everybody else is vaping.Almost overnight, or so it seemed, vaping was everywhere. TikTok influencers were doing it and in school, everybody was using vapes. People were vaping left, right and centre. They were leaving classes to vape and they were vaping in the toilets at break time.

That is a frightening revelation if people are vaping and it leads to them smoking cigarettes. We are trying to stop people smoking and vaping is going to lead to people smoking in the long term.

Researchers are concerned that vaping can act as a gateway to smoking. They are also worried about the as yet unknown long-term health risks to young people especially. The percentage of Irish 15- and 16-year-olds who were smoking fell steadily from the 1990s to 2015, according to data collected by the European Schools Survey Project on Alcohol and other Drugs, ESPAD, surveys that are carried out every four years. However, the steady downward trend had come to an end by the time of the 2019 survey, which showed that the prevalence of teenage smoking has begun to edge upwards again. That is frightening.

During my research, I came across an article that suggested free vapes were recently given out by a company in Dublin pubs and nightclubs. The company carried out a promotion offering people free vapes in exchange for a follow on its Instagram page. That is totally unacceptable. That happened in this city.

From the Irish Heart Foundation's point of view, the value of e-cigarettes lies in helping long-term smokers who cannot quit. No good can come from addicting young people to nicotine. Most of those young people are non-smokers so it is not as if they are trying to quit.

There is a small amount of legislation in this area, in that it must be advertised if one is selling vapes and the health warnings must be on the packaging. Cigarettes are kept behind screens in shops but that is not the case with vapes. They are in a little cabinet on a counter in most shops, which allow customers to see what is inside.

One of the main concerns in respect of vaping is their use indoors. People feel uncomfortable. I spoke to someone who was on a train the other day and the two people opposite them were vaping. That person has an allergy to some smells and could feel their throat becoming dry. They put that down to the fact that someone was vaping even though that person was a couple of seats away. We need to ban vaping in public places, especially where children are concerned.

Martin Conway (Fine Gael)
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I thank the Senator and her assistant, Ms Rachel Kerley, for the work they have done in preparing this important motion. Any motion that deals with health is important. I know the Minister of State, Deputy Feighan, is committed to creating a healthier Ireland. It does not happen overnight and sometimes requires steps to be taken. We can think back on the history of smoking in this country. In the 1970s, 1980s and 1990s, there was not an enormous amount of education or awareness relating to the difficulties that smoking caused people. Many people smoked because they knew no better. It was a social thing to do. Sadly, many people who were unaware of the dangers are no longer with us because of smoking.

In the 1990s, when I was in college, there was a much greater awareness of the challenges, difficulties and health consequences of smoking. It was taken seriously by the Government. To his eternal credit, the Taoiseach, when he was Minister for Health, banned smoking in indoor places in March 2004. We were the first country in Europe to do it at that time and it was a significant step towards creating a healthier environment. It has saved thousands of lives. People working in restaurants, bars, factories and offices, people in taxis, cars and trains, those who were innocent bystanders, were inhaling cigarette smoke on a daily basis. That was particularly the case for people working in bars. The figures speak for themselves and the facts do not lie. Bar staff had a shorter life span than staff in most other industries. That had to be down to smoking. The then Minister banned smoking indoors and it became suddenly comfortable to go out for a drink or a meal at night. One could get into a taxi where there was no smell of cigarette smoke. That had a significant impact on public health and also created a much more pleasant environment for the 80% of the population or more who do not smoke.

We now have a situation where the tobacco industry has created this little gimmick called vaping. By listening to and engaging with the industry, one would swear that vaping was like playing with Christmas lights. We do not yet have the figures or statistics in respect of vaping but my colleagues should be in no doubt that in 20 years' time, vaping will have destroyed people's health and resulted in fatalities. There is no doubt about it. The liquidised substance in these products cannot be healthy.

What is proposed in this motion can be summed up in one sentence. We want vaping banned in the same places cigarettes are banned, namely, in the workplace, restaurants and hospitals. People can currently vape legally in hospitals. That is the situation we are dealing with. It is bizarre. Sadly, we are an outlier when it comes to legislating for this. Most other European countries have already passed this legislation.

I must credit the Government for publishing heads of Bill in respect of vaping a couple of years ago. The Bill was referred to the Joint Committee on Health, of which I am a member, for pre-legislative scrutiny. I, Senator Clifford-Lee and others have engaged extensively with both sides. The two vaping associations were before the committee. One represents a significant number of shops and the other represents a small number of shops. The representatives of those associations made their case forcefully and were interrogated forcefully by the committee. We also heard from many other people. We heard from people who vape who told us why they should be allowed to continue to do so. The clear recommendation from the health committee is that vaping must be banned in the same way as cigarette smoking must be banned.

I will move to consider street furniture. We have some beautiful towns in this country, with some beautiful traditional shop fronts. What is plonked in the middle of them? A shop with vaping on the front of it, with awful colouring designed to attract young children and adults. In those shops there is every kind of a vape one could possibly imagine. It is like going into a penny sweet shop with hundreds of different penny sweets. There are hundreds of different flavours available. There are some flavours one would never have heard of. There was at one stage a bubblegum flavour that was very attractive and would connect with young children. Be under no illusion whatsoever; this thing is poisonous an dangerous. We have a duty and responsibility to ensure we protect the lives of children today, tomorrow and in the future. We also have a responsibility to allow the more than 80% of people in this country who neither smoke nor vape to be able to go about their business in comfort and in a healthy way. We must ensure not only that they feel comfortable but that they are comfortable. We must ensure not only that they feel healthy but that they are healthy. Nobody should be intimidated by gangs of people vaping on a train, in the waiting room of a hospital, in a restaurant or pub, or at work.

There was a recent case where a gang of people on a plane were vaping. They just laughed when they were asked to stop. We need to change that culture and when society cannot change the culture itself, we must legislate to change it. I commend this motion and hope it will receive all-party support. I call on the Government not to delay in legislating for what this motion calls for.

Victor Boyhan (Independent)
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I want to thank Senators Maria Byrne and Conway for using their Private Members' time to introduce this motion. They made a convincing case and articulated the arguments and rationale for this motion well. I wish them well with it, I am supportive of it and I thank them for bringing it to the House.

Lorraine Clifford-Lee (Fianna Fail)
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Cuirim fáilte roimh an deis seo galtoitíní a phlé. Gabhaim buíochas leis an Aire Stáit as teacht isteach chuig an Seanad chun an t-ábhar tábhachtach seo a phlé linn. Mar is eol dúinn go léir, tá méadú mór tagtha ar úsáid na dtáirgí seo le blianta beaga anuas. Úsáideann daoine iad mar rogha eile ar thoitíní nuair atá siad ag iarraidh éirí as tobac a chaitheamh. Tugann fianaise le fios freisin go bhfuil daoine óga nár chaith toitíní riamh ag úsáid galtoitíní freisin agus is ábhar imní é seo. Tá fianaise leighis ag taispeáint dúinn go bhfuil na táirgí seo chomh dona le toitíní traidisiúnta nó níos measa fós ná toitíní traidisiúnta. Is minic a thosaíonn daoine óga ag úsáid toitíní traidisiúnta tar éis dóibh na táirgí seo a úsáid fiú, agus rinne an Seanadóir Maria Byrne tagairt do sin freisin.

Is gimic amach is amach iad na táirgí seo, mar a luaigh an Seanadóir Conway. Tá a fhios againn go bhfuil Bille nua á dréachtú ag an Ard-Aighne, faoi stiúir an Aire Sláinte, an Teachta Stephen Donnelly, chun déileáil leis na fadhbanna seo a bhaineann le vápáil agus is deascéal é sin. Táim den tuairim go bhfoilseofar an Bille seo faoi dheireadh na bliana. Cuirfidh an Bille seo cosc ar tháirgí vápála a dhíol le leanaí faoi 18 mbliana d'aois. Tabharfaidh an Bille córas cuimsitheach ceadúnaithe isteach freisin do ghnólachtaí miondíola ar mian leo na táirgí seo a díol. Beidh ar na siopaí seo athnuachan a dhéanamh ar an gceadúnas gach bliain. Tá sé seo an-tábhachtach. Beidh an córas ceadúnaithe seo oiriúnach don dochar a dhéanann na táirgí seo agus tá gá le córas ceadúnaithe atá dian.

Aontaím go bhfuil níos mó ag teastáil, áfach, toisc go ndéanann vápáil an oiread damáiste is a dhéanann toitíní traidisiúnta. Ba cheart na srianta céanna a chur i bhfeidhm orthu. Chuir an Taoiseach an chéad chosc ar chaitheamh tobac in áiteanna áirithe ar domhan i bhfeidhm in 2004 nuair a bhí sé ina Aire Sláinte. Beart suntasach sláinte phoiblí a bhí ann agus chuir tíortha eile cosc den chineál céanna i bhfeidhm i ndiaidh sin. Rinne an beart seo feabhas mór ar shláinte an phobail agus rinne an beirt Seanadóir tagairt don mhéid sin.

Martin Conway (Fine Gael)
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An-mhaith.

Lorraine Clifford-Lee (Fianna Fail)
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Molaim na Seanadóirí ó Fhine Gael as an rún seo, go háirithe an Seanadóir Maria Byrne. Is díospóireacht fiúntach í seo agus tacaím leis na bearta go léir atá leagtha amach sa rún. Táim ag súil go mór leis an mBille a fheiceáil nuair a fhoilseoidh an tAire, an Teachta Stephen Donnelly, é go luath. Táim ag tnúth go mór leis an gcuid eile den díospóireacht a chloisteáil. Caithfear smacht a chur ar na comhlachtaí seo; tá dualgas orainn.

Lynn Boylan (Sinn Fein)
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Cuirim fáilte roimh an Aire Stáit. The health of the citizens of the EU is much better today because of the restrictions that we have put on smoking and tobacco products over the last 20 years. Credit where credit is due; this State led the way when it introduced a ban on smoking in certain places to protect people’s health. At an EU level, my colleague, Martina Anderson, was one of the rapporteurs on the tobacco products directive to heavily regulate the packaging, labelling, advertising and taxation of tobacco products, all designed to discourage smoking. I note that at the time Fine Gael MEPs did not support the inclusion of vaping and e-cigarettes in that directive. One of the points that those of us who were fighting hard to have vaping products included made was the exact one that Senator Conway made; that this was a gateway for the tobacco industry to move into. It saw the writing on the wall so it had an alternative product available to push tobacco products onto young people and develop a new generation of smokers. It is unfortunate that this was not supported at an EU level but we are where we are.

It has taken a long time for us all to stand up to the tobacco industry but this debate needs to be medically led and based on the most up-to-date scientific research available. I note that the HSE advises caution against vaping because of the risks it poses to people’s health. Its advice is firm and pointed and says not to smoke or vape. It points out that vaping is nicotine based; nicotine is dangerous; vaping is poisonous and toxic; and vaping affects the normal working of the heart, lungs and other organs. It encourages people to not use vaping to stop smoking. There was a strong narrative for a long number of years on behalf of those pushing vaping products that this was seen as a way of giving up smoking. Two recent studies in the last three weeks have further confirmed the cardiovascular effects of cigarettes and e-cigarettes and they found that they restrict blood vessel function and cause heart arrhythmia.

This motion correctly calls for the HSE assessment to be elevated to "a policy and statutory footing", which is welcome, and it further calls for vaping to be banned indoors at workplaces, in public spaces and in communal areas. I also wholeheartedly agree with that because there is nothing worse than being in an enclosed space with the smell of the multiple different flavours that vapes and e-cigarettes come in. I also agree with the proposal on vapes and e-cigarettes carrying those warning displays, but as I said that could have been done a few years ago in the tobacco directive.

In July of this year, as others have said, the Joint Committee on Health produced a report into the measures in place and the proposed measures to strengthen the licensing system for the retail sale of tobacco products, including e-cigarettes. Its report noted that "great strides" had been made in reducing smoking levels but that more needed to be done to "ensure a smoke-free future for younger people". The Sinn Féin Seanad team wholeheartedly supports this motion. That European vote was regrettable, and the Fine Gael group has had the Ministry of Health for a long time-----

Martin Conway (Fine Gael)
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That is a fair point.

Lynn Boylan (Sinn Fein)
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-----without bringing forward this legislation, but again I welcome the fact that Fine Gael is at least bringing forward a motion on it. We are happy to support the motion.

Shane Cassells (Fianna Fail)
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There are no other Senators offering. I commend both Senators on the motion. I agree with what Senator Conway said about advertising in our town centres and the proliferation of those stores which are targeting young people. The Senator is 100% right on that. I agree with what Senator Maria Byrne said about the pervasiveness of the products in our society. I was at the Aviva Stadium on Sunday with my 11-year-old son and the young lads sitting in front of us in the stadium, which is a no-smoking stadium, were all vaping. It was uncomfortable for my 11-year-old. Unfortunately it has become an acceptable norm and there needs to be action taken in that regard. I commend the Senators.

Martin Conway (Fine Gael)
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I thank the Acting Chairman. Well done.

Frank Feighan (Sligo-Leitrim, Fine Gael)
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I am responding to this motion on behalf of the Minister for Health, Deputy Stephen Donnelly, and the Government. I thank Senators Maria Byrne and Conway who have tabled this motion on the regulation of the use of e-cigarettes. I thank Senators Boyhan, Clifford-Lee and Boylan for their interventions, which have been very helpful.

Tobacco control is part of my brief so I welcome this opportunity to bring focus and attention to this important area of work and to update the House on the progress and plans for the future. As Senators have outlined, e-cigarettes are an area of significant focus for us, both at a policy level and in legislation. This is reflected in the way that e-cigarettes are already regulated here and in our proposals for further regulation of these products into the future. E-cigarettes are already strongly regulated in Ireland. In 2016, the European Union (Manufacture, Presentation and Sale of Tobacco and Related Products) Regulations 2016 were signed into Irish law. Under these regulations it is a mandatory requirement that e-cigarette packaging must contain a health warning, which advises consumers that e-cigarettes contain nicotine and that nicotine is a highly addictive substance. E-cigarettes must meet mandatory safety and quality requirements.This includes law on maximum nicotine concentrations for e-cigarettes and maximum volumes for cartridges, tanks and nicotine liquid containers. E-cigarette manufacturers or importers are required to notify the HSE of all products they place on the market and if a manufacturer, importer or distributor has reason to believe a product is not safe, it is required to immediately notify the HSE and explain what corrective action has been taken.

There is a ban on advertisements for e-cigarettes in printed publications and online. The only exceptions are advertisements directed at persons in the e-cigarette industry or publications printed and published outside the EU and intended for markets outside the EU. There is a total ban on advertisements for e-cigarettes on television and radio. There is a ban on sponsorship. The regulations prohibit any form of contribution to an event, activity or person with the aim of promoting e-cigarettes with a cross-border effect. These measures are contained in the EU tobacco products directive. The European Commission is reviewing that directive and has already made clear its intention to introduce stronger measures on e-cigarettes. Ireland is actively engaging in the process of revising the directive and I look forward to the outcome of that process in 2023.

In the meantime, we are taking action to address the usage of e-cigarettes in Ireland. The Office of the Attorney General is drafting the public health (tobacco and nicotine inhaling products) Bill. One of the main measures in the Bill is to provide for a mandatory licensing system for the retail sale of tobacco and nicotine inhaling products such as e-cigarettes. This means that any businesses or persons who wish to sell tobacco products or e-cigarettes must apply for and be granted a licence or they will not be entitled to sell these products. This licensing system will replace the current system which applies only to tobacco products.

As Senators will be aware, under the current system, a retailer who wishes to sell tobacco products must register with the environmental health service and pay a once-off fee of €50. Once registered, the retailer can sell in any number of retail outlets for any number of years without needing to register again. In addition, there are very few requirements on those registering to sell tobacco products. For example, there is no minimum age and no necessity to show tax compliance. There is no registration requirement for those selling e-cigarettes. Under the proposed licensing system, a retailer who wishes to sell tobacco products must apply for an annual licence for each outlet where tobacco is sold. The applicant must provide certain information and documentation and must pay an annual fee per outlet. An application may be refused by the environmental health service if the person does not meet the requirements for a licence. For example, if the applicant has not attained the age of 18.

The overriding rationale for introducing a licensing system is to facilitate the enforcement of key tobacco control measures such as the prohibition of the sale to minors or advertising at the point of sale. The new system will provide the regulatory authority with up to date information on where tobacco is sold and will thus facilitate the monitoring and enforcement of tobacco control legislation. The system will also better reflect the harmful nature of tobacco and bring it more in line with licensing regimes for the retail of other potentially harmful products such as alcohol, firearms and petroleum. The Bill will apply the same requirements to those wishing to sell nicotine inhaling products such as e-cigarettes.

The requirement for a licence is being introduced in recognition that these products contain nicotine, which, as the Senator pointed out, is an addictive drug. The Bill will also ban the sale of nicotine inhaling products to persons aged under 18 years. The sale of tobacco products to persons under 18 years of age is already prohibited under section 45 of the Public Health (Tobacco) Act 2002 and we are bringing e-cigarette law into line with the law on tobacco products with this measure. This ban on the sale of nicotine inhaling products to minors is proposed because they are not ordinary consumer goods. These products contain nicotine which is a highly addictive substance and evidence from studies of tobacco smoking shows that the younger people are when they start smoking, the more difficult it is for them to break the nicotine addiction. These same concerns arise with e-cigarettes. In addition, the evidence is still unclear on whether nicotine inhaling products causes any long-term health effects and on this basis it is important we protect our children from these risks.

The Bill will also prohibit the sale of tobacco products and nicotine inhaling products by persons under the age of 18 with the exception of close relatives of the licensee. Prohibiting the sale of tobacco products by those aged under 18 years is a recommendation of Tobacco Free Ireland and the Bill is extending this prohibition to e-cigarettes. This measure is designed to reduce the exposure of young workers in retail to tobacco and nicotine inhaling products. It will serve to highlight the serious and addictive nature of the products by providing that only an adult may sell them. In addition, it is designed to reduce instances of peer pressure on minors to sell those products to other minors. It is important to note that the Bill will provide that the licensee of the retail outlet will be liable for the offence in such a case and not the person aged under 18.

The programme for Government contains additional commitments on e-cigarettes which are not currently part of the Bill, namely, to restrict the type of retailers that can sell nicotine inhaling products and to curb the advertising of nicotine inhaling products near schools, on public transport and in cinemas. Consideration is being given to adding these proposals to the public health (tobacco and nicotine inhaling products) Bill.

We are developing our own legislation as well as making our voices heard in the debates in Brussels on future EU law. We are moving forward and at all stages we are guided by public health evidence. In October 2020, the Health Research Board, HRB, published three evidence reviews it had conducted at the request of the Minister for Health on whether e-cigarettes are an effective aid for smoking cessation; whether e-cigarette use by adolescents leads to subsequent smoking in adolescence; and what the health harms and possible benefits are of e-cigarettes and heat-not-burn tobacco products. The main findings of these reviews were that e-cigarettes are as effective as approved nicotine replacement therapies for smoking cessation at six months, but more research is needed to establish their safety and effectiveness in the long term; e-cigarette use is associated with an increased likelihood of smoking in adolescence; e-cigarettes are not harmless but may represent a reduction in harm relative to smoking; and more research is needed to establish the long-term health effects of e-cigarettes and heat-not-burn tobacco products. We will continue to follow the evidence and try to strike the right balance between protecting those who do not smoke or vape from these products while recognising that the current evidence tells us that they represent a reduction in harm relative to smoking.

I have already outlined the measures in the public health (tobacco and nicotine inhaling products) Bill that deal with e-cigarettes. The Bill also contains significant measures on tobacco smoking with a particular focus on interventions to prevent young people from starting to smoke. The reason for our focus on tobacco are stark. Tobacco smoking continues to kill 4,500 members of our population every year. In the long term, smoking causes a range of illnesses such as chronic obstructive pulmonary disease, COPD, stroke and 16 types of cancer. These entirely preventable illnesses may not develop for 30 years after the initiation of smoking. In the shorter term, smoking during childhood and adolescence both reduce lung function and impaired lung growth. There is also evidence that smoking during adolescence increases the risk of developing psychiatric disorders and cognitive impairment in later life.In addition, adolescent smokers suffer from attention deficits which became worse with years of smoking.

The measures that will be proposed in our Bill are designed to reduce the likelihood of a young person trying these new cigarettes or trying to vape and paying for this experiment with a lifetime of addiction and illness. I thank the House for the opportunity to discuss this important public health issue. I look forward to the proposed measures in the Bill when it is brought to the House in the new year. I thank Senator Maria Byrne, who spoke about needing to ban vaping indoors, in cars and in public places. She also explained how vaping can be a gateway to smoking. Senator Conway outlined forcefully some powerful ways to stop vaping. I have seen that myself. It seems to be a trend - I will not say a habit - but even though a trend can sometimes be positive, it can also lead to negative effects. I thank Senator Boylan for being supportive of the Bill. Senator Clifford-Lee spoke about the new Bill which is being drafted and will be published by the end of the year. I thank the Taoiseach, Deputy Micheál Martin, who introduced significant legislation at the end of March 2004.

Martin Conway (Fine Gael)
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It was game changing.

Frank Feighan (Sligo-Leitrim, Fine Gael)
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It saved thousands of lives. I remember the effect that going to the pub used to have on one's clothes many years ago. When you think about it now, it is clear that he led the way. Sometimes you can be lucky in the timing. I may be wrong, but I think that legislation was due to be enacted in early 2004 but it did not come in until March because it was held up in Europe. Am I right in saying that?

Martin Conway (Fine Gael)
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I think it came in on 1 March 2004.

Frank Feighan (Sligo-Leitrim, Fine Gael)
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Why I say that is as somebody-----

Lorraine Clifford-Lee (Fianna Fail)
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Ná bí dána.

Frank Feighan (Sligo-Leitrim, Fine Gael)
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No, I am trying to be positive here. I am not trying to take away from it. The Taoiseach said it to me anecdotally that things might have been different if it had been brought in during January 2004, when everywhere was cold during the winter. However, it was delayed until March. I was there and it was great. Everyone thought it was fantastic to be outside. People were smoking outside. After six months, and I say this anecdotally, people started to get cold and say that it might not be so good. When something is being brought in, sometimes it is a matter of timing. I think there could have been a lot more resistance if it had been brought in at a colder time of year. This wonderful legislation has saved thousands of lives, but the timing of its introduction may have helped it in gaining support. Sometimes there is opposition to various things, but there should have been no opposition to this. It was very positive and powerful and saved many lives.

Shane Cassells (Fianna Fail)
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I thank the Minister of State. Before we revert to the proposer and seconder, I will call Senator Keogan, who has come in. We are still within time.

Sharon Keogan (Independent)
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I apologise for being late. I was at another event. I welcome the Minister of State. I am glad to see this motion in front of the House. It is one I am happy to support. One would have had to have been living under a rock for the past few years not to have seen the rise in e-cigarettes. There is a ridiculous number of them on the streets. My main concern, and one I think is shared by many, is when it comes to children. We can advertise the health risks of nicotine use to adults, and we should do so, in order that people can make informed decisions. When it comes to children, however, it really is a different story. Habitual nicotine use has been seen to harm adolescent brain development, which continues into the mid-20s. Therefore, holding off until one is 18 years old is good but often not good enough.

The strength of many of these e-cigarettes is shocking. I know that with the biggest brand of the disposable ones in the US, JUUL, one of them has as much nicotine as a full 20-pack of smokes and some kids would go through one or more of those per day. They all look very sleek and trendy but when there is a 15- or 16-year-old essentially smoking 20 per day, something is going seriously wrong. We might be told that not all vapes have nicotine in them and some are just flavour. While this is technically true, a study by the Centers for Disease Control and Prevention found that 99% of the e-cigarettes sold in the USA contain nicotine. Therefore, the odds are very much that any given vape is a nicotine vape. Using nicotine in adolescence can harm the parts of the brain that control attention, learning, mood and impulse control. Each time a new memory is created or a new skill is learned, stronger connections or synapses are built between brain cells. Young people's brains build synapses faster than adult brains but nicotine changes the way these synapses are formed.

Internationally, many young people turn to vaping to deal with stresses or anxiety. This can create a cycle of nicotine dependence. Nicotine addiction can be a source of stress - what may start as social experimentation can become an addiction. One study, again in the US, where they have looked into this stuff more than we have, found that the most common reason given by students for initially trying an e-cigarette is that a friend was using them. The most common reason given for continued use was feeling anxious, stressed or depressed. This is textbook substance abuse and has become increasingly normalised over the past three years. We have young people turning to addictive substances as a distraction or escape from emotions that they have not been able to equip themselves to deal with. That breaks my heart. The manufacturers and marketeers of these products know exactly what they are doing when they give these high-strength nicotine vapes the flavours of sweets, fruits, desserts and fizzy drinks. Kids are using these to try out the flavours and that is something we do not get with ordinary cigarettes. E-cigarettes are advertised using the same themes and tactics that have been shown to increase youth initiation of other tobacco products in other countries, and indeed in this country prior to legislative bans which prohibited such.

I support the provisions of this motion. I hope the Government will take all of this on board because this is something that needs to be nipped in the bud. We do not want a whole generation of young Irish people to be hooked on these things when they did not have the defences against them that they would have had as adults.

Shane Cassells (Fianna Fail)
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I thank Senator Keogan and call Senator Maria Byrne who has five minutes.

Maria Byrne (Fine Gael)
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I would like to share time with Senator Conway - three minutes and two minutes if that is all right.

Shane Cassells (Fianna Fail)
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Is that agreed? Agreed.

Maria Byrne (Fine Gael)
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I thank colleagues across the House for their cross-party support on this matter. I thank the Minister of State for his positive response. I also thank the Minister for Health, Deputy Stephen Donnelly. There are one or two things in the Minister of State's response that we are looking for. Maybe he could bring them back to the Minister for Health to consider when the legislation is being drafted. First, vaping should be banned indoors in the workplace but also indoors in public places. The Minister of State mentioned cinemas and hospitals but there are many other indoor places where people vape on an everyday basis. I think there has to be a blanket ban on vaping indoors, certainly in terms of looking at people's health. The ban on smoking in cars and other electronically propelled vehicles carrying children, as mentioned in the health Bill, should be extended to vaping as well. I agree with my colleague Senator Conway that it will be proven down the road that this has harmful effects. While the research is being carried out, it is really important that we have a blanket ban.

The Minister of State mentioned that the business owner will be responsible and not the person who is under 18 years of age. I believe that both should be held responsible. At the moment, the way the legislation is structured means that a business owner who has a sign up saying that people cannot vape inside is not covered or protected. If I was vaping inside your premises and you came out and told me to stop, legally you do not have a standing. I think we have to protect the business owner as well. I think it is really important because many business owners have mentioned to me that they are being laughed at by people when they tell them to stop vaping indoors.Business owners have to be protected as much as under 18-year-olds. The Minister of State is proposing protecting under 18-year-olds but the point is that they will have chosen to go in and buy the vape product. We have to strike a balance. I ask that Minister of State take that message back to the Minister, Deputy Stephen Donnelly.

Martin Conway (Fine Gael)
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I thank the Minister of State for his comprehensive reply. It was well put together by the officials and he delivered it well. This legislation will be published in January hopefully and it will undoubtedly be passed swiftly in this House in any event. The Minister of State spoke about 2004. I remember when the Minister for Health at the time, the Taoiseach, Deputy Micheál Martin, introduced the smoking ban. The publicans got up and claimed they ran the country and would not let this happen but they got their answer that time. They tried to bully the Government of the time into reversing the decision. Scant regard was shown to the thousands of staff working in bars at the time. In fairness to then Minister, he stood up to the publicans. If there were any proposal to reintroduce smoking in pubs, the publicans' staff are the people who would push back. That will never happen because it is now a European norm that smoking does not happen in pubs.

We need to go a little bit further. We need to ban smoking outside pubs, at the front entrances, because there is nothing as disgusting as going up and down the main streets of towns and having gangs of people outside pubs smoking. That is bad for people's health, particularly on a fine day when there is no breeze. We also need to ban smoking in parks where there are young children and in playgrounds. We need to ban it outside schools, at the entrance to hospitals and railway stations and outside the waiting rooms in bus stations. There is an awful lot more we must do and we need to get on with it.

What has been done is very welcome. The work the Joint Committee on Health did on the report published last year was very constructive and fair. It has to be acknowledged that the people who own these awful vaping shops have to make a living too but they cannot do so at the expense of destroying our streetscape up and down the country or selling this awful product to under 18-year-olds. They can make a living in a plainly designed shop, without packaging or advertising, where their products are under the counter. If people then choose to go in and buy these disgusting products, we have to respect the fact that we live in a democracy and there is choice. One thing we can do is make sure the Christmas lights - the vapes - will not be in any public place where there are non-vapers and non-smokers trying to live their lives as healthily as possible.

Shane Cassells (Fianna Fail)
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When is it proposed to sit again?

Lorraine Clifford-Lee (Fianna Fail)
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Tomorrow at 10.30 a.m.