Seán Kyne (Fine Gael)
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I welcome the Minister of State, Deputy Murnane O'Connor. I understand Senator Keogan is sharing time with Senator Mullen. Is that agreed? Agreed.

Sharon Keogan (Independent)
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I move: "That the Bill be now read a Second Time."

The Minister of State and fellow Senators are very welcome to the House this afternoon. It is with a strong sense of responsibility and urgency that I introduce the Public Health (Restriction on Sale of Stimulant Drinks to Children) Bill 2025. This legislation is born out of concern for the welfare of our children and young people who are increasingly consuming high-caffeine and stimulant-laden energy drinks, products that are not designed for growing bodies or developing minds. While marketed in flashy cans and trendy branding, the contents of these drinks have serious physiological implications. Let us begin by looking at the facts. Many energy drinks are defined by their extremely high sugar content. While the Government introduced sugar tax legislation to reduce the sale of high sugar drinks, it is apparent that this has not yet had the desired effect.

Some 80% of the energy drinks market in Ireland is controlled by three brands. Of these, two have not altered their sugar content, meaning that today many, if not most, energy drinks still contain up to three times a child's daily recommended sugar intake in one serving. In 2019, a Safefood Ireland survey found some brands contained up to 17 tsps of sugar in a single bottle. Another Safefood Ireland survey found that the standard 250 ml energy drink contained the caffeine content of five cans of cola.

What is concerning about these figures is that we know from extensive studies that these drinks do damage to young people's health. Energy drink consumption among adolescents is linked to higher BMI and increased obesity risk. A US study of 1,737 teens found that the consumers of energy drinks had significantly higher BMI. In Ireland, children consuming more thqan 200 ml a day of sugary drinks had an 80% likelihood of being overweight or obese, leading to significant health complications throughout life.

There are clear negative impacts on mental health such as seen in the classroom. In one US study, adolescents who consumed energy drinks were found to be 66% more likely to exhibit hyperactive activity and inattention. The Irish Heart Foundation representatives who are here today say teachers have reported to them that the increased consumption of energy drinks affects young people's mood, well-being and behaviour and causes significant problems at school level.

A significant 2020 study, Energy Drinks and Their Adverse Health Effects: A Systematic Review and Meta-analysis, found that among adolescents who use energy drinks, 17.5% experienced palpitations, 19.6% reported chest pains and 12.5% had tachycardia, that is, an elevated heart rate. The same review found 20.9% of the adolescents surveyed reported headaches, 10% had experienced dizziness and 8.1% had tremors. It also reported that 35.4% of adolescents consuming energy drinks reported insomnia or sleep-related issues. I should not have to emphasise how important sleep is for teenagers and healthy development.

Last year, there were calls in Ireland from a Mater Hospital cardiologist to ban the sale of energy drinks to minors after two young men suffered cardiac arrest due to overconsumption. In multiple studies in the US and the EU, energy drink consumption has been linked to longer QTc intervals, meaning a higher likelihood of palpitations or fatal irregular heartbeats.

What is exceptionally worrying is that while we are debating whether to take action, the trend clearly shows that consumption and consequences are on the rise. A US study that analysed 223 million emergency department visits by young people between 2017 and 2023 revealed that hospital visits for caffeine overdose among teenagers doubled during this time. America's poisons centre likewise found that between 2022 and 2023 there was 24.2% increase in calls related to paediatric exposure to energy drinks. Even more worrying, children aged six to 12 experienced the highest spike cases, which doubled from 11% in 2020 to 20% in 2023.

In Ireland, the intolerably high level of energy drink consumption among young people has been well documented. The European Food Safety Authority research has found that at least 68% of those aged ten to 18 were regular consumers of energy drinks. Euromonitor International found that, on average, Irish people buy 5.5 l of such drinks per person, making us the seventh highest energy drink consumers on earth. What is alarming is that among young people aged between ten and 18, 12% identified as high chronic consumers, that is, they consumed the equivalent of a can of Red Bull a day.This additional 12% were identified as high acute consumers who consume the equivalent of more than four cans in a single session. That is approximately one in five Irish children and teenagers. Given everything we know about the harmful effects of energy drinks and the alarming scale of the consumption among minors, it is imperative that any sane society and government act quickly, yet these drinks are sold freely to minors without regulation. This Bill seeks to address that legislative gap.

I will walk through the Bill section by section. Section 1, interpretation, defines key terms such as "stimulant drink", "sale", "retail business" and "authorised officer" to ensure consistent application of the Bill.

Section 2 empowers the Minister for Health to make regulations necessary to implement the Act to adopt new public health data or industry practices.

Section 3 outlines three goals: ban sales to under-18s, restrict advertising to minors and require health warnings. It excludes parental provision to their own children from these prohibitions. We are regulating business, not parenting.

Section 4, prohibition of sale to minors, makes it an offence to sell to under-18s with a defence for retailers who verify age with ID, like tobacco and alcohol laws.

Sections 5 and 6 ban sales from vending machines accessible to minors and require staff to verify age at self-checkout , with no exceptions, as well as covering online and remote sales, deeming the sale location to be the point of dispatch to ensure Irish-based sellers are accountable.

Section 7, restriction on advertising, bans advertising to children, especially near schools and youth venues and on media platforms aimed at minors. This is particularly important as junk food advertised and targeted at minors remains an unaddressed epidemic in our country. Energy drinks are targeted towards young people through unconventional new media advertising methods such as promotions by online influencers.

Section 8 calls for warning signs on product packaging. Manufacturers must make clear health warnings to inform consumers, especially young people, of potential risks.

Section 9 continues to require retailers to display warnings at physical and online points of sale, including websites and social media.

Section 10 authorises the HSE to appoint officers to oversee compliance.

Section 11 outlines the powers of the authorised officers including inspection of premises, seizure of records and taking of samples with safeguards for private dwellings.

Section 12 allows supervised test purchases by minors with full consent and safeguards to ensure retailer compliance.

Sections 13 to 16, inclusive, outline the system of penalties and compliance. Section 13 permits fixed penalties for selling to minors, advertising breaches or failures to display warnings. Section 14 outlines how official documents may be served to individuals and businesses. Section 15 details penalties for breaches including fines and potential custodial sentences. Finally, section 16 allows the courts to require offenders to pay the HSE investigation and enforcement costs.

Section 17, expenses, allows the Minister to cover costs associated with implementing this Act.

As per section 18, the Short Title and commencement, the Act will come into force within six months of enactment or earlier if the Minister decides.

This Bill is not about demonising drink or limiting personal freedom. It is about protecting children from aggressive marketing and harmful substances. It is not a radical idea. Countries across the world are acting on this issue. France, Lithuania, Latvia, Poland and Hungary have all implemented restrictions. In addition, we must consider the fact that businesses in Ireland such as Boots and Aldi are already banning energy drink sales to under-16s by themselves. We would be naive to assume this is purely out of goodwill. These corporations likely see the significant potential legal risk and liabilities in selling energy drinks to minors. We have an obligation as lawmakers and adults to ensure the commercial environment our children grow up in values their health over corporate profits. Before I conclude, I would like to express my deep and unending gratitude to all who have helped brings this Bill to creation and onto the floor today. This of course includes all those Senators who were good enough to cosign and second the Bill. I also thank those who consulted with me during the early stages of the Bill, especially the teams and representatives from the Irish Heart Foundation, Safefood Ireland, Children's Rights Alliance, Irish National Teachers Organisation, INTO, and Diabetes Ireland. Of course, no Bill can be allowed to pass without mentioning the wonderful support staff that we have in the Oireachtas. I am referring to the wonderful Library and Research Service, our indispensable drafting service and Bills Office, without whom there would have been no making of this Bill a legal reality. I commend the Bill to the House. I ask for support as it progresses through its Stages

Rónán Mullen (Independent)
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I welcome the Minister of State. I commend my colleague Senator Keogan on bringing forward this important Bill. I thank Senators Wilson, O'Reilly and others for supporting it. I am often struck when I am doing the family shopping of what a long way we still have to go in this country in getting people the information they need about the products they are purchasing. It may have to do with place of origin of certain products. There is huge inconsistency if we compare products in supermarkets and so on and in the dangers of processed foods. It is a knotty problem because even when we consider the social good that is the provision of hot school meals, there are concerns about the nutritional qualities of those. Approximately €120 million is being spent annually at this point on school meals. We all regard that as something good and valuable, yet now we are hearing concerns about whether this is introducing children to junk food who might not otherwise be subjected to it. Could it be something that would do more harm than good?

There is a huge need for us to take an evidence-based approach to these issues as opposed to a simply market-led approach. That is why I say to those who say that this is nanny statism and we should not overregulate in this area that when it comes to child protection, we cannot be too careful. As Senator Keogan outlined, there is a strong case to be made for the restriction of the availability of certain products where there is a significant body of evidence that they are doing harm. There is a time later in adulthood when people are free to make choices in a more informed way hopefully. This is first and foremost a child protection issue and that is a lens through which we should examine this. The amount of sugar and caffeine contained in these drinks is simply dangerous. As has been said, many of them contain very high amounts of caffeine. In some cases, it is between 160 and 200 mg per can. That is double the amount found in an average cup of coffee, which is approximately 80 mg depending on the strength.

I note the review done by a health-related organisation that was highlighted in a letter recently to Victoria Atkins in Britain, who was the health secretary at the time. Official guidance states that people should consume no more 3 mg of caffeine per kilogramme in the body. Despite this, data from the National Drugs Library shows that 30% of adults, 68% of adolescence and 18% of children consume energy drinks. We should examine where countries are going in the EU. The Minister of State will say the Government needs to examine more of this and consider the evidence, etc. It should consider the evidence by all means. Let us have an evidence-based approach but do not take too long over it because this is an important public health issue. It is noteworthy that in the UK many shops of their accord have stopped selling such high energy stimulant drinks of the kind we are discussing. Just two weeks ago, Hungary banned such drinks for children. Poland has done so, and I believe Lithuania as well. The European Parliament's committee of petitions recently decided to maintain a petition on an EU ban. Ireland should do its best to be among the fast movers in this area.

I reflect on comments made recently by the HSE lead for obesity, Dr. Donal O'Shea, a person I admire very much. He has important things to say about a range of areas concerned with public health. He described these energy drinks as very bad for children's health. He noted that they have surged in consumption among young children and teenagers in recent years. In his view, there is good evidence that they are bad for people's ability to concentrate and their attention span and if they have any tendency towards anxiety, they drive that. He says they should simply not be freely available to purchase as they are at the moment. He importantly points out that many parents know very little about these drinks. They are unaware of the extent to which their children are buying them as online trends often dictate.These drinks are promoted heavily by influencers through the likes of Snapchat and Instagram. In some cases parents will not have even heard of them but there will be a craze among teenagers. Dr. O'Shea also warns against the potential excessive influence from vested interests who will make the arguments about the nanny state, job losses, and so on. At the end of the day, it is an evidence-based approach with public health and young people's health as the priority. That must be the driver here.

I commend my colleague, Senator Keogan. I know what the Government is going to do today but let us hope it will not be long before legislation of this kind is on the Statute Book.

Teresa Costello (Fianna Fail)
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I move amendment No. 1:

To delete all words after “That” and substitute the following: “Seanad Éireann resolves that the Public Health (Restriction on Sale of Stimulant Drinks to Children) Bill 2025 be deemed to be read a second time this day 18 months, to allow sufficient time for examination of evidence of public health concerns relating to such substances, and scrutiny between now and then by officials in the Department of Health in conjunction with the proposing Senators.”

Fianna Fáil welcomes the discussion on this issue. I thank Senator Keogan for bringing this before the House. In our election manifesto Fianna Fáil pledged to introduce restrictions on the sale of high-caffeine energy drinks, including a ban on their sale to children. We remain committed to that objective and we are pleased the conversation is moving forward in a constructive and meaningful way. Fianna Fáil supports the central purpose of the Bill, which is to prohibit the sale, advertisement and promotion of stimulant drinks to persons under the age of 18.

As legislators , we have a duty to protect public health and, in particular, the health and well-being of our children. Consumption of energy drinks has been steadily increasing in Ireland. The 2024 evaluation of the sugar-sweetened drinks tax reported a jump from 30 million l in 2020 to 40 million l in 2023. These drinks now represent 10% of all carbonated drink consumption in this country. While sugar levels have shown some reduction recently, the high levels of caffeine and other stimulants such as taurine continue to raise significant public health concerns. Research, including the 2016 Safe Food Review, has highlighted the need for education, data gathering and voluntary restrictions on sales to minors but clearly voluntary measures are no longer sufficient. Children and teenagers are still being exposed both directly and through advertising to products that can have harmful health effects. Other EU countries have acted. Latvia, Lithuania, Poland and, most recently, Hungary, have banned the sale of energy drinks to minors.

What struck me most while researching this issue was the serious impact energy drinks can have on both mental and dental health in young people. One article I read highlighted how caffeine, acting as a stimulant to increase alertness, combines with high sugar levels to create a sudden jolt of energy. This jolt often leads to side effects such as increased heart rate and blood pressure, jitteriness and insomnia and is quickly followed by a crash. According to health professionals, regular consumption can cause adolescents to become dependent on that high, creating a difficult cycle to break, with withdrawal symptoms such as headaches, low mood or even depression. On the dental side, despite some reduction in sugar, energy drinks are still highly acidic, contributing to acid erosion of teeth. The Oral Health Foundation points out that caffeine also causes dry mouth by reducing saliva, which plays a key role in protecting the teeth. That means children who regularly drink these products are at high risk of serious dental problems and not just cavities.

Focusing on caffeine specifically, we know it increases anxiety, disrupts sleep, raises blood pressure, causes acid reflux and can even be toxic in high doses. It is clear that these drinks are not harmless pick-me-ups. They are potent stimulants and their effects on children and adolescents deserve far more scrutiny. We understand that under EU Regulation No. 1169/2011, products containing more than 150 mg of caffeine per litre already must carry specific health warnings but labelling alone is not enough. This Bill seeks to go further to regulate access and to reduce the exposure of children to targeted advertising. We are also in an era when sugar is often seen as public enemy number one. Sugar-free drinks, sweetened with artificial sweeteners and synthetic additives promise guilt-free sweetness. The rise of sweeteners is, in part, a sign of the spectacular success of sugar taxes, which have been introduced in more than 40 countries since 2010. Today, even sugar-free stimulant drinks dominate the shelves. There are serious concerns about the sugar-free stimulant drinks. Health experts warn that these beverages can impact cardiovascular health, dental health and may increase the risk of metabolic syndrome, a condition that affects how the body processes sugar and fat.The problem is that we do not have long-term studies to truly understand how damaging sugar-free energy drinks can be, but we have some early clues. A 2021 study on wild mice found that both regular and sugar-free stimulant drinks negatively impacted the blood-brain barrier and caused brain inflammation by disrupting blood pressure and blood sugar levels. What stood out was that the sugar-free versions produced worse outcomes.

In another study, the same team of researchers examined the connection between stimulant drinks and metabolic syndrome. The results showed both regular and sugar-free stimulant drinks increase the chances of metabolic syndrome, with insulin resistance being the key factor. These findings suggest that even without sugar these drinks can have a harmful impact on how one's body regulates energy and fat. We need more human research but these findings are concerning enough to make anybody think twice about reaching for a sugar-free stimulant drink.

Fianna Fáil supports the intent behind this legislation and looks forward to working constructively with all Members and the Minister to ensure evidence-based, proportionate and effective public health policy can be delivered in this area.

Maria Byrne (Fine Gael)
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I thank the Minister of State for coming to the House discuss this important issue. I compliment Senator Keogan and the other Senators who signed the Bill. The sentiments behind it are very important. A few years ago, a consultant at the Mater hospital spoke about two young men who had suffered from cardiac arrests. Allegedly, they had consumed eight to ten cans of drinks that contained stimulants. I understand the sentiments behind the Bill and I believe we need to examine this issue.

I also understand where the Minister of State is coming from, in terms of the need for proof to have all of the facts and figures before we can do something. I understand why the Government amendment has been put forward. The issue of drinks containing stimulants is something we as a Government must take seriously and examine, especially in the case of minors who do not know what they are drinking. In some cases minors drink multiple cans of drinks containing stimulants. We need to see how we can legally implement rules and regulations for these products.

I am not being negative but one concern I have in respect of the Bill is that many small businesses are under a lot of pressure. They have health inspections and inspections for different things and another layer of inspections relating to the implementation of the legislation would put pressure on businesses, especially smaller businesses. It is something that needs to be dealt with in a very delicate way. A lot of small businesses find it difficult to have people on watch all of the time to deal with issues. It may be fine for some of the bigger retailers that have large numbers of staff but many small shops have only one or two staff. If a person who is underage but does not look it were to go into a shop as part of a test case, I am not sure that it would be a fair to fine the shop as a result. It is something I have a reservation about but I understand the sentiment behind it, in that there must be some level of control.

There are many aspects of the Bill that need to be considered. I am sure Senator Keogan and the other Senators who signed the Bill brought it forward in good faith and I do not think anybody is against the Bill or its sentiments.Finding the correct way of regulating it is the way forward. I am sure the Minister of State and her team will be working with the Senator as well as with the different organisations, perhaps the producers of the goods or the people supplying them. I am sure there is a list a mile long as to the different people the Minister of State and her officials will have to reach out to to get that middle point that will be acceptable to all.

This genuinely needs to be looked at because it is alleged there are many health implications associated with some drinks. It was proven that some drinks in Australia and New Zealand had something like 200 mg of stimulants in a can of 350 ml. Many things need to be looked at to get this to a correct level. I wish the Minister of State well in her deliberations and I wish the Senators who brought this forward well.

Nicole Ryan (Sinn Fein)
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I welcome the opportunity to speak on the stimulant and energy drinks Bill tabled by Senator Keogan and colleagues. I acknowledge the intent behind this legislation, which is clearly driven by a genuine concern for the health and well-being of young people and which I think is a concern we all equally share.

While we are not opposing the Bill, further work needs to be put into it. There is undoubtedly merit in examining the growing consumption of high-caffeine and high-sugar drinks by children and teenagers and the very real health implications that come with it, as other Senators have mentioned, such as poor sleep, increased anxiety, attention difficulties and, in extreme cases, heart complications.

However, we must also approach this with a sense of proportion, practicality and long-term thinking. We have seen time and again that banning something does not make it go away. We need only look at our history with alcohol, tobacco and illicit substances. Prohibition rarely eliminates the demand; it often just pushes it underground, into black markets and removes the ability to regulate it safely. The same could easily come true of drinks, particularly in communities where trust in institutions is quite fragile.

The other questions lie in how this would actually be enforced. How do we really stop those under the age of 18 from buying energy drinks via vending machines - I note the Senator put that into the Bill – and food delivery apps, or simply asking an older person to buy them for them? Would the legislation also extend to online orders and imported goods? The logistics need a little bit of fleshing out.

There is also the wider issue of consistency. If we are beginning to ban energy drinks, we are opening a door to calls for restrictions on protein supplements, vitamin boosters or other high-caffeine or stimulant-based products in health food stores or gyms. Where is the line drawn, and who decides that line?

We cannot, however, agree with the Government’s proposal to postpone this for 18 months. That is just simply kicking the conversation down the road. Committee Stage of the Bill can be taken. The urgency of the issue deserves a timely and thoughtful legislative response instead of further delays.

That being said, I want to be clear that we are more than willing to work with Senator Keogan on this Bill. If this Bill is to progress, it needs clear definitions, more robust evidence and a practical, enforceable framework that will not backfire or criminalise young people for making impulsive decisions. We should use this Bill as a starting point, not just to look at bans but to have a broader, more meaningful conversation about youth health, digital advertising, education and food literacy. Ultimately, this is not just about energy drinks but about giving young people the tools to make better choices and building a system that supports them to do just that.

Sarah O'Reilly (Aontú)
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I welcome this Bill into the Seanad. I was very proud to cosign the Bill. It is a public health Bill that aims to ban the sale of high-energy or stimulant drinks to under-18s. It is a good Bill. The heavy lifting on the energy drinks Bill was done by Independent Senator Sharon Keogan, and I acknowledge the work she has done on this over the past number of years with others. She should be very proud of what she has produced. It is a very thorough Bill. I was happy to cosign it because it is an important Bill, with the best interests of our young people at heart. It is also in the programme for Government. The Bill addresses growing public concern about the sale of popular drinks to young people and the health risks associated with them. It is also in the programme for Government. The Bill addresses growing public concern about the sale of popular drinks to young people and the health risks associated with them.High energy or stimulant drinks are a multimillion euro industry. These drinks are heavily marketed and promoted to young consumers. I urge Senators to look at the shelves in their local supermarkets because the shelves are laden down with these drinks. At the moment, almost 40 different brands are on sale in this country, which is a sharp contrast with the range available in the past number of years. Obviously, it is an expanding and lucrative market. Young people are attracted to these drinks due to their promise of energy-giving properties and a belief that these drinks will help increase their fitness. These drinks are heavily promoted on platforms like Snapchat and Instagram and by influencers. In my opinion, evidence exists that proves these drinks are not a healthy option for young people.

Dr. Aileen McGloin, the director of nutrition for safefood, has stated that in the long-term we are looking at associations with obesity and type 2 diabetes. These are stimulant drinks, which contain high levels of caffeine and sugar that have been linked to adverse health effects, including insomnia, increased anxiety and digestive issues, all which are deeply disturbing. As adults, we all know the effects of consuming too much caffeine, so it stands to reason that young people can be even more impacted. The Bill aims to prohibit the sale of stimulant drinks to young people under the age of 18 as well as restricted advertising to this cohort. The Bill also seeks clear health warnings about any potential health risks caused by excessive consumption to be clearly visible on packaging at points of sale. I see no issue with this.

The health and wellbeing of our young people is vital. In presenting this Bill to the Seanad, Ireland follows the example of other European countries like Hungary, Poland and Lithuania, all of which have similar Bills that restrict the sale of high-energy drinks to minors.

The Irish Heart Foundation, from whose policy team I welcome Mr. Mark Murphy and Ms Saoirse Morgan, has called for a ban. There is worrying evidence from Newcastle and Teesside universities that links cheap energy drinks to depression, anxiety and suicidal feelings. Highly caffeinated drinks can also increase a child's risk of experiencing ADHD symptoms, severe stress and poor sleep quality. I was very disappointed to hear on the radio this morning that the Government had opted to shelve this Bill for 18 months to think about it. The Bill is ready and is in the programme for Government, so I want to know what the problem is.

Maria Byrne (Fine Gael)
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I understand that Senators Scahill and Kennelly wish to share time equally. Is that agreed? Agreed.

Gareth Scahill (Fine Gael)
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I, too, compliment the Senators for tabling this Bill. Having gone through it, I fully support the Bill in principle. I grew up in a time that, when somebody was sick, one brought a bottle of Lucozade to help the person's sugar levels recover and so on. As we evolved and developed, sports drinks came on the scene. They were great, as they contained carbohydrates and electrolytes, aided recovery and prolonged performance on the sports field, specifically endurance sports. Traditionally, society pushed it to its limit. So much so that now throughout all of the supermarkets and retailers, these products are particularly marketed to an age demographic that it probably does not suit and are easily accessible to that market. Therefore, there are not too many Senators who would not agree with the Bill in principle.

I wish to mention a small issue that my colleague Senator Maria Byrne mentioned. I refer to the additional work for retailers, particularly small retailers and corner shops, which have a staff of just one or two people. Recently, Senators had a discussion on the Protection of Retail Workers Bill.We had a very in-depth conversation about all of the additional work we were putting on those people and the fact that a lot of those people were minimum wage workers. With the introduction of this, we would be putting an additional onus on them to carry out many different checks. There is then the potential of fines hanging over their heads and the businesses' heads. That is the element I would like to explore further and I would be happy to go through that with the Senator.

I spoke to the Minister before she came in today and while this says 18 months, I do not believe we are looking at 18 months. I believe this Bill could be pushed through this Stage and Committee Stage a lot quicker than that. In principle, I support the Senators on it but I am happy to go with the Government's amendment at this stage.

Mike Kennelly (Fine Gael)
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I welcome the Minister of State and I thank Senator Keogan for bringing forward what I believe is a very important Bill. It is timely. As a parent and as a coach all my life who has dealt with children and adults, I have seen first hand what these stimulant drinks can do. They can drive kids, young adults and even adults nearly to a certain point of breakdown. It is timely and necessary to restrict the sale of stimulant drinks, commonly known as energy drinks, to children under the age of 16 in Ireland. As far as I am concerned, no child should be sold caffeine. This proposal is not about curtailing personal freedoms or interfering with choice, it is about safeguarding the health and well-being of our young people; children who are still developing physically, mentally and emotionally and who deserve the full protection of the law when it comes to substances that can cause harm.

As stated, energy drinks are marketed aggressively to adults and children. They are often presented as essential for athletic performance, which is wrong. They are also presented as contributing to concentration and endurance but let us not be misled; these drinks contain high levels of caffeine and other stimulants, often in quantities far exceeding those found in a standard cup of coffee or a can of soft drink. Some cans contain up to three times the recommended daily caffeine limit for a child in a single serving. Medical professionals and public health experts have repeatedly warned us of the dangers. Consumption of these drinks by children has been linked to increased heart rate, high blood pressure, sleep disturbances, anxiety, behavioural difficulties and even cardiac incidents in rare, but serious, cases. They are often consumed in combination with sugar laden diets, or even alcohol, increasing the risks.

Last week I tabled a Commencement matter that I will really pursue about the mandatory health screening for every kid from 12- to 18-years-of-age, which would hopefully detect undiagnosed heart conditions. I agree wholeheartedly with the sentiments of the Bill. I also agree with the Minister that there should be an evidence-based approach and sufficient time for an examination of evidence and public health concerns relating to such substances. I agree with the Bill and really support it. Some 18 months is a long time away, but I would like to work on the Bill and with Senator Keogan on the mandatory screening. We saw three teenagers die in the last three weeks, so I support this Bill going forward and support anything that can put more pressure on the Government to bring it to fruition before the 18-month timeline.

Michael McDowell (Independent)
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I now regret that I did not add my name to the supporters of this legislation because the case that has been made by Senator Keogan and other supporters of the Bill seems to me to be a very strong one. Furthermore, I am of the view that given it is Government policy to go down this road, the question we really face this afternoon is one of timing.

I fully accept the Government is entitled to assemble its own evidence. Maybe the particular limits of concentration of various substances and all the rest of it in the Bill are worthy of review but I was here last night - I think the Leas-Chathaoirleach was here too - and a complex Bill was put forward by Senator Lynn Ruane in relation to parole in the criminal justice system.The Minister, Deputy O'Callaghan, came in and said he wanted six months to think about it because there were things in the Bill which - I agreed with him - needed to be carefully looked at and a few corners to be looked around. However, the 18 months the Government is asking for now is too much. I have been in government. I know what happens if, 18 months into your term, you begin to address your mind to legislating for the matter and send it over to the parliamentary draftsman's office and get the heads of the Bill put before Cabinet and go through the pre-legislative scrutiny process, which was not there in my time, and the like. All those things take time. The real question is: is there a will to take any protective steps in this matter?

I am also conscious of the nature of the advertising for some of these drinks. There is the suggestion that "Red Bull gives you wings" and all the highly clever, suggestive cartoons saying that drinking this product can get you to do things which otherwise you would not or could not do. That is a very strong subliminal message that you are missing out on something or that if you are depressed or feel inadequate, there is a solution and it is in a can, so go off and have it. There are also the sponsored events - young women and men with beautiful bodies leaping off cliffs into magnificent seas in Acapulco and all the rest of it - including Red Bull-sponsored events. However, we do not talk about the obesity and the people who would kill themselves if they jumped off those cliffs and who are affected by consumption of these products. Soapbox derbies are also to be seen sponsored by these manufacturers on TV channels.

There is a strong commercial push aimed at the suggestible and the young to consume these products. If the Government wants to accumulate evidence or to put flesh on the exploratory undertakings which it gave in its programme for Government, it should get on with it. There is a big Department of Health here. There is a HSE to run the hospitals, but the Department of Health is there to decide on matters of public health of this kind and on policies in that regard. If the Department of Justice can ask for six months, as it did last night, it is a bit of a smack in the face with a cold cloth for Senator Keogan and the others who have signed this Bill to say it will next come back before this House for consideration in 18 months' time. We could do better than that. That is all I want to say.

Seán Kyne (Fine Gael)
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I commend Senator Keogan and the other Senators on this Bill. It is a very meaningful, well-put-together and well-drafted Bill. I commend her, the others and the team behind this. I know the Minister of State does not sit at Cabinet and, like all Private Members' business and all legislation, Bills such as these go to Cabinet for discussion and decision. That was where the decision was made, and neither I nor I am sure anyone else here is privy to those discussions, or indeed whether there were discussions. I know from my brief time at Cabinet that some things are not discussed in as much depth as others. This Bill is worthy of discussion and scrutiny as part of pre-legislative scrutiny in a committee. The committees are up and running. The Government could and should look at the Bill. This is part of the programme for Government, as has been said. It is a very worthy issue. There are issues as regards sale versus consumption. A child's mother or father could buy a drink - legally, presumably - and give it to the child, of course, and then that is parental responsibility or parental choice. You see sometimes on social media, "Do you realise that this can of soft drink contains ten, 12, 14 spoons of sugar?" or whatever it is. It is hard to believe it. We talk about labels on alcohol and I see there is still debate on that matter. Is it time for labels like that? I think most people know what a spoonful of sugar is. If there are ten spoonfuls of sugar in something, a label of that type on a product is worthy. Parents can see it. Schools and education have an important role as well. If children consume energy drinks in school, is that something that should be looked at? That is not sale but consumption. There are a lot of things that could be explored as part of pre-legislative scrutiny. That is the word I was looking for earlier. It is a very important issue. There are children who, unfortunately, may have an irregular heartbeat or something for whom a small stimulant can be fatal. There are also children who would absolutely benefit from not consuming these drinks for their own health. Senator Keogan has described very clearly the science that is out there. This could be further explored as quickly as possible as part of pre-legislative scrutiny. I ask the Minister of State to further engage with the senior Minister and the Department to see if this can be expedited and pushed towards pre-legislative scrutiny. There should be an informed and proper debate on it. There are many experts in this field. If there are others who are opposed for some reason, let them bring those arguments forward. That is the role of society and of a legislative process. That can be thrashed out. While I understand the decision that was made by the Government, I think this Bill is worthy of quicker debate, analysis and enactment for the safety of the children of this country.

Maria Byrne (Fine Gael)
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As there are no other Senators indicating, I will call the Minister of State.

Jennifer Murnane O'Connor (Carlow-Kilkenny, Fianna Fail)
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I thank Senator Keogan for her Private Members' Bill and all the Senators who have spoken. I also welcome our visitors from the Irish Heart Foundation. Their work on this issue and the public health issues relating to obesity and sugar-sweetened drinks is crucial. We have included them in our consultation in the new obesity plan. I thank them. It is very important that they are here today.

I have no doubt that we are all in agreement that protecting our children from consumption of substances that can be harmful to their health, either in the short or the long term, is necessary. The discussion today has been very helpful and has given me a good understanding of the range of concerns Senators have about the potential harmful impact of stimulant drinks on our children and young adults. We have an excellent track record of being at the vanguard of introducing public health measures and legislation to protect our children and young people from health-harming substances. Our public health legislation on tobacco and alcohol control and restrictions is well regarded by many countries.

This Private Members' Bill sets out draft legislation to introduce restrictions on the promotion and sale of stimulant drinks. These are non-alcoholic drinks containing a mix of both caffeine and other stimulating substances, better known as energy drinks. My understanding is that the Senator is concerned about the mental health and behavioural impacts as well as the impact on academic performance. I certainly do not oppose in principle the intent behind the submission of this Bill. However, before considering introducing restrictions, it is important to fully understand the potential harmful impact of consumption of these drinks on children's health and the level of consumption in Ireland by young people, and to fully consider all appropriate policy options. That is the aim. I met the Senator and I have said I would be delighted to work with her and anyone in the Chamber who wants to meet me. There will be absolutely no problem in that regard. The evaluation of the sugar-sweetened drink tax, published in September 2024, found there had been a decrease in carbonated drinks consumption and in the sugar consumption associated with carbonated drinks in Ireland since the introduction of the tax in 2018. However, the exception to this reduction has been energy drinks, which have seen a marked increase in consumption since 2020. The average amount consumed each year between 2009 and 2020 was less than 30 million l. Between 2021 and 2023, however, the amount of energy drinks consumed jumped to more than 40 million l per year. Energy drinks now represent over 10% of total carbonate consumed in Ireland every year.

A worrying trend was that the initial increase in energy drink consumption was accompanied by a significant increase in sugar consumption between 2018 and 2021. However, the sugar consumption from energy drinks has declined since 2021 even as general energy drink consumption increased. This suggests that the more recent increase in energy drinks consumption is largely related to low- or no-calorie energy drinks that fall below the sugar-sweetened drinks tax thresholds.

One of the conclusions of the evaluation of the tax was that the consumption of energy drinks merited further examination, given the significant increase in consumption and possible public health concerns regarding the stimulant components of energy drinks. There are some concerns around the consumption of energy drinks by children, pregnant women and breast-feeding mothers. In EU Regulation No. 1169 of 2011 on the provision of food information to consumers, the European Commission set out the requirement that products containing more than 150 mg of caffeine per litre, other than tea and coffee, must be labelled with the caffeine content and the statement: "High caffeine content. Not recommended for children or pregnant or breast-feeding women." Energy drinks are generally covered by this regulation.

There is some scientific evidence that has increasingly linked energy drink consumption in children to a range of adverse health outcomes, including elevated blood pressure, sleep disturbance, behavioural issues, all of which are concerns mentioned by Senators, and, in some cases, cardiovascular complications. This evidence will need to be examined closely. In 2015, the European Food Safety Authority, EFSA, published a scientific opinion on the safety of caffeine on foot of a request from the European Commission. It found that for children and adolescents, the information available is insufficient to determine a safe caffeine intake. EFSA therefore based its recommendation for maximum caffeine intake on the adult level of 3 mg of caffeine per kilogram of body weight per day.

We need to undertake research at a national level to better understand the consumption patterns of children and young adults in Ireland with regard to energy drinks in order to inform policy options. We have spoken about the situation in other EU member states. Latvia, Lithuania, Poland and Hungary have introduced legislation banning the sale of energy drinks to persons aged under 18. Poland has also legislated for restrictions on labelling and sales through vending machines. Those member states supported those measures with national data.

A commitment is included in the programme for Government to "explore restrictions on the sale of high-caffeine energy drinks, including a ban on their sale to children". The Department of Health is at the very early stages of considering the process by which we deliver on this commitment. I assure Senators that we will deliver on it. It might take 18 months to look at this but I assure Members that we are committed to safeguarding health and well-being and seeking what is best policy and practice to achieve that.

It is essential that a thorough assessment is carried out to evaluate any public health concerns with regard to energy drink consumption by children and young adults in Ireland and to determine appropriate policy measures. Policy measures to address public health concerns regarding energy drink consumption must be grounded in the best available scientific evidence. Adults can make informed decisions about their consumption but children are not miniature adults. Their developing bodies and brains are more vulnerable and they deserve our protection. Just as we limit their access to alcohol, tobacco and gambling, we may need to protect them from potential harms associated with the consumption of energy drinks.

However, if we are to propose regulations to restrict or ban sales to children, such regulations will need to be robust, appropriate and based on the weighing up of the scientific evidence. Successful policy development will require consultation with key stakeholders, particularly those most impacted by energy drink consumption, and scientific experts.We will need to engage with children and young people themselves on this issue. Our undertaking is that we will talk to everyone. We have to get the experts in but we have to engage with children and young people. We need to make sure that we listen to them too. It may be that a range of policy options will be identified and the feasibility, enforceability, long-term position and negative impact of these will need to be assessed. Learning from the experience of those EU member states that have already implemented legislation to restrict or ban the sale of energy drinks to children will be important to us.

At this point, it is too early to consider the draft legislation proposed in the Private Members' Bill, hence the Government's motion to defer the Second Reading for 18 months to allow time to carry out the necessary evidence gathering, research and examination of appropriate policy options and stakeholder engagement, including with the proposing Senator.

I have the privilege of being the Minister of State with responsibility for health and wellbeing. I assure Senators that supporting, protecting and improving the health and wellbeing of our young people is a key priority for me in this Government. I can commit to that. We already have a range of policies and programmes in place to improve the health and wellbeing of young people in Ireland. Many policies and initiatives are under review or development.

The Healthy Ireland framework is under review with a view to developing a new framework in the near future. A new national physical activity framework is due to be launched soon. The online health task force will be making recommendations to the Minister for Health later this year on how to ensure we safeguard our children in a digital world. We have to look at the digital world too. A new obesity policy is currently being developed as the current obesity policy and action plan draws to a close at the end of this year. It is under this plan that the sugar-sweetened drinks tax was introduced, so this will all come in. We will have a new obesity plan in 2026.

I am committed to ensuring that the health of our young people is not compromised by any unhealthy food and drinks. We owe it to the next generation to take brave, evidence-based action where it is needed. We also need to give young people a voice. I look forward to working with colleagues across the House, health experts, academics, parents, educators and young people themselves as we deliver on a programme for Government commitment, which this was, to explore restrictions on the sale of high-caffeine energy drinks, including a ban on their sale to children.

I thank Senators and everyone involved for this Private Members' Bill. I have no doubt that we are all in agreement that protecting our children from consumption of substances that can be harmful to their health is necessary. The motion is deferred for 18 months. It is not to stall restrictions. We need to work on this with the Department. The Government has committed to exploring restrictions on the sale of high-caffeine energy drinks, including the ban on their sale.

I thank everyone. Everyone spoke about how this concerned the health and future of our children. I am committed, as is the Department. I hope to talk to everyone soon. As I said to Senator Keogan, I will meet her shortly. I have learned that everybody working together can achieve more, which is the aim going forward.

Sharon Keogan (Independent)
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I thank Members for their contributions and participation in the debate on this Bill. This is significant legislation, with many provisions that will cover a great deal of ground. The Bill has been several years in the making and, as mentioned, it has involved the input of many others, including experts and civil society organisations. It has been written following a study of similar laws already in place in other EU nations. We also hope it anticipates the evolving nature of the problem, which we hope will not grow into a crisis. Consequently, we hope it will make a meaningful impact on the lives of children and adolescents. We hope it will not only prevent the negative consequences of the current open season policy, such as the stress felt by teachers and parents dealing with mood swings and poor behaviour in their classrooms and homes, but also the anxiety, insomnia and palpitations experienced by young people themselves. We hope that it will promote the positive outcomes that will result from such a ban. We hope to see young people who feel calm, well rested and full of a healthy energy that comes from a good diet and an active lifestyle. We hope to see young people who are at ease in study, work or play.We hope to see young people who grow up happy and free of anxiety and fatigue.

I must address the Government's proposed amendment to delay the Bill for 18 months on the grounds that further discussion and research are needed. While calls for discussion and further research are always welcome, we wish to emphasise that much of the groundwork has already been laid. We must point out that several other countries have already carried out their own research and found it appropriate to introduce similar bans, such as Lithuania and Latvia, which did so as far back as 2014 and 2016, respectively. Both countries have reported that the ban significantly decreased energy drink consumption among minors. Additionally, Hungary passed its own ban this year and the UK appears set to follow. Likewise, we should reflect on the fact that for nearly 15 years, we have complied with EU law on stimulant drinks whereby we place warning labels on them for pregnant women and people with health conditions. If we have agreed to this for so long, then we must ask why it is deemed acceptable to sell the same drinks to children and developing teenagers.

Dear Members, while debate is welcome and should be facilitated, we must acknowledge that the situation is not improving. Therefore, we should not unduly delay. Today, it is reported by UNICEF that Irish teenagers are among the least happy in the developed world. This legislation is urgent and cannot wait too long.

I wish to thank the Minister of State for her presence and I emphasise that I look forward to working constructively with the Government to pass this law. I hope that, in progressing the Bill, we do not allow partisanship to cloud our judgment. This legislation should not become a political football. I urge all parties and Independents alike to view this Bill not as an opportunity for point scoring, but as a shared duty and obligation to protect the health and wellbeing of the next generation. There should be no exclusion from the legislative process. I welcome scrutiny, collaboration and amendments where appropriate. I remain open to good ideas from across the floor because at the heart of this Bill is a simple goal, namely, to do the right thing. This is not about politics or headlines. This is about building a society that is safer, healthier and more supportive of our children. It is about learning from international evidence, listening to parents and professionals and acting decisively before more young people's lives are impacted. We all share a responsibility, not just as legislators, but as adults, leaders and people entrusted with the care of our communities. Let us meet that responsibility together with resolve and unity.

I commend the Bill to the House and I look forward to working with the Minister of State in the coming years. I am a member of the children's committee, which I hope the Minister of State will come to. We might even start this legislation at that committee.

Garret Ahearn (Fine Gael)
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When is it proposed to sit again?

Seán Kyne (Fine Gael)
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Tomorrow morning at 9.30.

Garret Ahearn (Fine Gael)
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Is that agreed? Agreed.