Maria Byrne (Fine Gael)
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I thank the Minister of State for coming in to discuss this all-important topic. I ask for an update on indoor vaping.

In 2022, I brought a Private Members' motion to this House and the Minister of State's predecessor, Deputy Feighan, took it on behalf of the then Minister, Stephen Donnelly. I was assured we were at an advanced stage of bringing forward recommendations on indoor vaping.

I have had businesses and people in public places on to me and they are not comfortable with people vaping at the next table to them or in the hall. Some businesses have taken it upon themselves to ban indoor vaping. There is European legislation and research on the emissions involved. While there is no proof things are not safe, my understanding is the HSE and the Department were doing some research on it. Where is that at? Businesses which have taken a decision not to allow indoor vaping are not covered by any laws. One or two of them have been threatened with legal proceedings or being sued by people who say they have no right to ban vaping. It is a serious issue and an issue of concern to many people. The ban should be not only in public buildings but also in businesses and indoors in general.

Jennifer Murnane O'Connor (Carlow-Kilkenny, Fianna Fail)
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I thank the Senator for raising another important issue. More young people are vaping and it is also an issue for businesses. How we work on that will be very important.

The Government promotes smoke- and aerosol-free environments through a variety of legislative and non-legislative measures, as set out in the tobacco-free Ireland policy. The Public Health (Tobacco) Act banned smoking in indoor workplaces in 2004. In 2014, legislation prohibited smoking in a car with a child present. This legislation was in response to robust evidence on the disease and premature death that may be caused by second-hand smoke.This legislation currently does not apply to vaping or smoking in certain residential facilities, in outdoor areas such as parks, beaches and playgrounds, and on health and education campuses. The promotion of smoke-free and aerosol-free environments in these contexts takes place through voluntary efforts. The Senator is 100% right on that. A lot of businesses are doing it through their own voluntary efforts. Many businesses and organisations have introduced their own restrictions on vaping indoors, for example, in bars and restaurants and even on public transport. The HSE continues to implement and support tobacco- and e-cigarette-free health and education campuses. A particular success in many of our local areas has been the Not Around Us campaign, which seeks to increase the number of smoke-free and vape-free environments by amplifying the voices of our young people. This is led by our young people. They have been campaigning about not having smoke and so on. This is important and we must listen to our young people.

Any proposed law must be underpinned by evidence. Currently, there is a lack of evidence of significant health harms from second-hand vape fumes. The WHO has concluded that it may pose some harm to bystanders but further research is greatly needed. Irish public health experts have noted, however, that a legislative ban on vaping indoors may be justified based on the denormalisation of vaping and the uncertainty around future possible health impacts from second-hand aerosol.

The process of examining legislative restrictions on indoor vaping began in late 2023 with a public consultation on smoke- and vape-free areas, alongside other options, to further regulate tobacco- and nicotine-inhaling products. Consultation also took place with the national environmental health service in the HSE on the practicalities of how we enforce the measures under public consultation. That was the main thing for us. The Minister proceeded with the measures that would likely have the greatest impact on reducing youth vaping. Members will be aware that the Minister for Health, Deputy Carroll MacNeill, is working on this and is very much committed to it. Legislation is being drafted, which we are working on together, to restrict flavours, packaging, point-of-sale display, and advertising for nicotine-inhaling products. A further Bill will ban the sale of single-use vapes. These Bills are a priority for publication and we are hoping to have them in the autumn legislative programme as soon as possible. I am absolutely committed to getting the legislation into the two Houses urgently.

Other possible measures are being kept under consideration, particularly regarding an update to the tobacco-free Ireland policy, which is currently under way. This will include a review of the existing range of legislative and non-legislative measures to promote smoke-free and vape-free environments and to consider whether any existing provisions require strengthening. This will be done in the context of the update in December 2024 to the European Council’s recommendation on smoke-free and aerosol-free environments, which Ireland supported. This encourages member states to protect the public from both smoke and vape fumes in a range of indoor and outdoor public environments.

In short, the Government is looking at this in a rounded manner as part of a review of the broader policy while focusing on the urgent measures required to reduce youth vaping.

Maria Byrne (Fine Gael)
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I welcome that a Bill is coming to address vapes, including some of the flavours, albeit not all of them, as well as single-use vapes. This is very good news but I still do not understand something. We took a brave move when we brought in the smoking ban and made smokers go out to the smoking area, so why can we not put vapers into the smoking area as well? I believe that people are concerned about this. It is not just youth who are vaping, but all ages. Numbers are going up in terms of the sale of vapes, with more and more people vaping. It is not a fix to do with anti-smoking or stopping smoking, and I believe that people are now vaping more regularly. This legislation to ban it completely indoors has to come sooner rather than later.

Jennifer Murnane O'Connor (Carlow-Kilkenny, Fianna Fail)
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Legislation is one tool we have and it is very important, but we are continuing to support the great voluntary initiatives being implemented by the local authorities and the HSE. They have also been funded to carry out a vaping prevention campaign for young people. Like the Senator, I am very mindful that it is not just young people who are vaping. Rather, it is across the board. We are working on two important Bills that will come to the House very soon on the banning of disposable vapes and to look at the colours, flavours and packaging and having a shutter. I also understand the issues around vaping, be it through businesses or indoors.

Everything is being looked at. The main thing with vaping at the moment is how much information we have on it. We are working on different areas, including information around what the long-term effects could be. I assure the Senator that I will go back to the Minister and we will make this a priority. I will absolutely raise the Senator's concerns.

I thank all of the shops and other businesses that are using their own initiative and telling people they cannot vape in them. Fair play to them. At the end of the day, it is really important that they are showing the initiative to do that. Well done to all of them.

I thank the House for having me today.

Maria Byrne (Fine Gael)
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I thank the Minister of State.