Seanad debates

Tuesday, 7 July 2026

Public Health (Single-Use Vapes) Bill 2025: Committee and Remaining Stages

 

2:00 am

Photo of Maria ByrneMaria Byrne (Fine Gael)
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I welcome the Minister of State, Deputy Murnane O’Connor and her officials.

Sections 1 to 20, inclusive, agreed to.

NEW SECTION

Joanne Collins (Sinn Fein)
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I move amendment No. 1:

In page 16, after line 20, to insert the following:

“Review of Act and of smoking cessation supports 21. (1) The Minister shall, within 18 months of the passing of this Act, conduct a review, to be laid before the Houses of the Oireachtas within 24 months of the passing of this Act, to—
(a) examine the operation and effectiveness of this Act,

(b) examine more broadly the effectiveness of public health laws and cessation supports relating to tobacco and nicotine products, and

(c) recommend measures for achieving reductions in the nicotine content of tobacco products, expanded smoking cessation supports, and further encourage a reduction in smoking rates.”.

This amendment is an effort to gauge the public's reaction to the Bill, examine if banning single-use vapes actually changes anything, including whether it is having an impact on people taking up smoking or vaping, and investigates smoking cessation. Let us see what is out there and whether there are any new products or if we can be more active rather than consistently reactive to nicotine or smoking cessation. We should look to see what products are out there and whether we can make them more accessible to individuals who want to give up smoking.

I do not have a problem banning single-use vapes and nor does my party. I am a vaper and I think single-use vapes are the most expensive way to go. You might as well go back smoking with their cost. If you are going to vape like a smoker does, you will use one single-use vape every single day. I think it is a good thing to ban them whether because of the littering we see everywhere or their incorrect disposal.

I do not think this Bill will have the effect the Department hopes for. Single-use vapes will be imported. If someone wants to use a single-use vape, they will find a way around this. I do not think it is something you can mitigate against here today. Vaping is a part of our culture now.

The next Bill coming will look at flavours. Again, I do not think that will sort anything. I have been told that if I want flavours after the new Bill comes in, there will be no problem getting them - they can be got. We need to look at the reasons people are vaping and coming off cigarettes, but we also need to look at making this ban more acceptable to people. The Bill is looking at banning single-use vapes. People are asking me why there was never anything done about cigarettes bar changing the packaging. It took until December 2023 to say that vapes were illegal for sale to under-18s. It completely blew my mind. I thought it was a given that under-18s could not buy them because there was nicotine in them.

Enforcement will be our biggest issue with vaping. We need to go back to what it was like when I was young and you went into a shop to buy cigarettes and the person behind the till would ask for ID because they knew they would be fined. They had the fear regardless of whether it ever happened. We need to go back to that because I do not believe any child should have a vape in their hand. It is absolutely crazy. The only reason I started vaping was to give up cigarettes. Shamefully, I will say I was 11 when I first started smoking, which was the norm back when I was 11 years old - everybody did it. I was lucky to be able to come off cigarettes and go on a vape. Do not ask me if it is healthier – I could not say, as I have not got a clue – but I know it is cheaper for me. I did not have any negative health effects from smoking, I do not have any negative health effects from vaping but I do not like to see children with them in their hands, so I am with the Minister of State on that. However, we need to put a lot of effort into the enforcement side and not collective punishment. We need to make sure that the sellers of vapes are afraid in the same way those selling cigarettes were afraid a long time ago. You will not see someone asking for 20 Benson and Hedges without being asked for ID if they look like they are under the age of 18. Sellers need to start doing that. We need to be a lot stricter about checking the age for buying vapes.

We have tabled this amendment because we want to see how the legislation is working. If it is not working, then we can come back and look at something else. It will be good to have a report on the legislation. I am a great advocate for doing something and checking later to make sure that whatever you did actually worked. If it does not, then it can be amended or added to where necessary.

I will leave it at that and not ramble too much more.

Teresa Costello (Fianna Fail)
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I think that the Bill will be very successful in reducing the amount of people who vape. Single-use vapes are easily accessible for kids. They are something to grab. Kids are not going to get into the habit of charging vapes and so on but they can just grab a single-use vape and fling it away. Where we will see how it is working is when we take a walk in our local communities and we are not kicking vape packages out of our way.

As a cancer survivor, I hate cigarettes and smoking. I never took up smoking because I was far too vain - I thought it would age me – so vanity saved me from that addiction. I understand that nicotine is an addiction. Senator Collins made me shudder when she said vaping was a part of our culture. I welcomed the smoking ban. The smoking ban was one of the single best things that ever happened in Ireland. I worked in a pub and used to smell of cigarettes coming home. I did not like the smell of them. The ban was brilliant. It took away the fashionable thing of having a cigarette in the pub and we need to do that with vapes. Kids these days are into the gym and keeping fit – I see that with my young fellow – but single-use vapes look like they are harmless. There is an education piece. I have no doubt that the Bill will be successful. Anything we can do to make vapes more difficult for kids to get their hands on is a win for me.

On the Senator’s amendment, I think we will see the evidence on the roads, our parks and everywhere. We will see a decline in the packaging and the environmental hazard it creates.

Gareth Scahill (Fine Gael)
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I agree wholeheartedly. As someone who has been out with communities cleaning up our streets and parks, the volume of these single-use vapes that builds up all over the place is amazing. The Bill has an enforcement side. Every day, Senators come in to this Chamber to talk about one thing or another, and the lack of enforcement. The Minister and Ministers of State empower the HSE in this area and are giving them powers to impose significant fines on businesses found in contravention. Rather than including an amendment to revisit and analyse effectiveness we need to come down strong on vapes because they are a blight on communities. If we give the HSE the powers to enforce this and people still say they will be able to get single-use vapes then they need to be reported and the vapes tracked down because we are not fully sure what is in the stuff that is coming here from other jurisdictions as those products do not undergo the same safety measures and precautions according to European standards. We need to do that because there is an onus on us to protect everyone, including young people who vape. If the protections are not there with the levels of nicotine and other substances that are in these single-use vapes then we must come down hard on them and the Bill does that. I do not feel that the amendment is needed but I see exactly where this Bill is going and fully support it.

Photo of Maria ByrneMaria Byrne (Fine Gael)
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I welcome the guests of Senator McCarthy. It is a great privilege to welcome Niall and Gillian Quinn. I thank them for all their years of service to football. I wish them all the best and I hope they enjoy their visit here this evening.

Photo of Martin ConwayMartin Conway (Fine Gael)
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I echo the welcome to Niall and Gillian Quinn, and the commendation on the great work they do.

I welcome the Minister of State. I have spoken extensively in this House on the need for tougher regulations on vaping and the detrimental effect that vaping is having on a generation of young people in this country. I strongly believe we have been far too slow in dealing with this issue.

In the last term I had rows with the former Minister for Health, Stephen Donnelly, over his absolute snail's pace movement to deal with this. At least the Minister of State is dealing with it in a much more efficient and determined way. Of course I would have liked to have seen an awful lot more in this legislation. Personally, I believe that vapes should be banned and that if a person requires a vape to give up nicotine and cigarettes then it should be by prescription. That is not an unprecedented move. That is how it is done in Australia. People can vape in Australia but they require a prescription from their GP to acquire a vape. A prescription is only granted on the basis that a person requires a vape to give up smoking.

I believe that the proliferation of vape shops the length and breadth of this country, in every town and village, has destroyed the streetscape. Vape shops, coupled with mobile phone shops and other such outlets but particularly vape shops, are very unpleasant. I have quoted extensively the situation in my own county of Clare. When I was a child there was a very famous music shop in Ennis called the Record Rack where we all went to buy CDs, tapes, etc. It is horrendous to think that the old Record Rack is now a vape shop. Around the corner there is a number of vape shops on Abbey Street and O'Connell Street. In any shopping centre in this country there are vape shops. There are vape kiosks. There are vapes advertised in SuperValu and all of the big retail outlets and they are glorious looking. The signage for vapes is in your face. The situation will not improve until such time as we are bold and brave and decide that we will treat vapes the same way as we treated cigarettes and put them under the counter. We must get rid of these awful shops from our main streets and do what Micheál did. In March 2004, Micheál Martin banned smoking in pubs and restaurants and I recall the reaction of vintners. I have great time for the vintners and they do great work but at the time they said that they run the parties because they have their meetings in their premises. At that stage, the majority of people probably were against the smoking ban but now 98% of the population would oppose a proposal to re-introduce smoking in pubs and restaurants.

Photo of Maria ByrneMaria Byrne (Fine Gael)
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May I interrupt the Senator and remind him that we are speaking about single-use vapes.

Photo of Martin ConwayMartin Conway (Fine Gael)
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I am aware of that.

Photo of Maria ByrneMaria Byrne (Fine Gael)
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His conversation is going everywhere.

Photo of Martin ConwayMartin Conway (Fine Gael)
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It is all interwoven. I want to make the point that if the Minister of State were to propose the re-introduction of smoking now as many as 98% of people would oppose it and even people who smoke would be opposed to it. To make a tough decision on vaping may sound unpopular or draconian but I can assure everyone that in a few years' time, the public will realise that it was the right thing to do. By banning single-use vapes is a very important incremental step in the right direction and I commend the Minister of State on that.

Aubrey McCarthy (Independent)
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I thank the Minister of State for being here and commend her on this important Bill. We should have dealt with vapes before now so it is timely that the Minister of State, as a new appointee, is dealing with it now.

Before I continue I would like to welcome my friends in the Gallery, as the Leas-Chathaoirleach has mentioned, especially Gillian who is here with her husband Niall. Gillian has recently graduated with a PhD in psychology from Dublin City University so she is assessing every one of the Senators now as they speak. Congratulations from all of us here and we are delighted to have the couple with us here today.

I support the amendment because it adds value to the legislation. Tobacco control cannot stand still as the products constantly change, as has been mentioned by my colleagues. There is also the changing tactics and colours used to market vapes and our response must keep pace. We also need to continue to invest in helping people who genuinely want to quit whether that is better access to counselling, community-based supports or nicotine replacement therapies. I know that there is a view of changing the colours and things like that. I believe all of that working together will save lives and reduce the long-term costs for the State.

I simply ask the Minister of State and her Department continue to keep this area under close review, as the amendment suggests. With the products that cause real harm, particularly to young people - the Minister of State will know that I am involved in the youth sector through Tiglin - we need to ensure that the legislation evolves just as quickly as the challenges that we face.

Joanne Collins (Sinn Fein)
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It is great that enforcement is mentioned in the Bill but we need to do more than simply having it in the Bill on its own without having staff to enforce the legislation. The reason I say that is because I have spoken to representatives of The Sunbed Council of Ireland who have told me about scenarios. They told me about one or two incidents where they were in salons and saw underage people going in to use sunbeds but when they reported it they were told, "Yes, we kind of know that goes on sometimes but we do not have the staff to go out". Therefore, I ask that the Minister of State ensures that it is included in the Bill that staff are provided who will enforce the legislation.

Photo of Jennifer Murnane O'ConnorJennifer Murnane O'Connor (Carlow-Kilkenny, Fianna Fail)
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I thank everyone and understand that there are challenges. We never had the intention of ever removing the ban on disposable vapes because they are targeted at young people. As Senators have said, vapes are a blight on society and vape shops are visible in every town and village. We are very mindful of the fact that after one use vapes are put in bins or littered on streets and have no place in society. It is important for everyone to realise that the national environmental health service will report on its enforcement as it does with all tobacco-related products.

The amendment also proposes a broader review of the effectiveness of the public health laws, along with the recommendations around reducing nicotine levels in tobacco and expanding support for stop smoking services and general reduction of nicotine campaign. I have done a lot of work on that. There has been a lot of work invested through my own Department whether that is through the Quit Smoking campaign, apps and working with young people. Awareness is very important and it is information and education.The Department has invested in that and we will continue to do more because we know that we need to. We are in complete agreement on the need for the work to happen. However, this amendment to the Bill is not necessary because - this is the good news for the Senator - we are already reviewing our national tobacco control policy, Tobacco Free Ireland, with the aim of bringing our smoking rates to lower than 5%. It is being reviewed. We are bringing in policy. I understand that there are concerns but that is happening. As we are currently at 17%, it is clear that we need to do more. We are looking at all possible measures. That includes looking at reducing barriers to access to all the different services.

The Senator spoke about enforcement. That is important. As part of this programme, 30 additional whole-time equivalent staff have been allocated to the national environmental health service. Recruitment for those posts is ongoing. We need to enforce this. I understand that. When we bring in legislation, we have to enforce it. As I have said, we are investing in 30 additional new whole-time equivalent staff. We are putting funding into this so that we can enforce the law. The Senator spoke about inspections. There were 754 inspections in 2025. This was an increase of 310 on 2024. In prosecutions, we had 38 of the 40. We are doing that.

Work is being done. I understand that we absolutely need to do more, as the Senator has said. I will work with all of the Senators here. We must all work together. This is about our young people. It about awareness, information and education. As the Senator will know, I am bringing forward a second Bill. That will be later this year. It will ban flavourings and restrict the colours on packaging. I hope to have that in quite soon. On the policies the Senator has spoken about, which are vital, I will have them ready by the end of the year. It is important that everything is reviewed and that policies are in place because we need them.

I again thank the Senator and everyone who has spoken but I do not propose to accept this amendment because the work the amendment seeks, which is needed, is already under way. It is important to have these conversations so that the Senators will know what work my Department is doing. If any Senators want any more information or if there is anything they need to know, I encourage them to contact myself or the Department. We will be absolutely delighted to fill them in on the work that is being done.

Amendment put and declared lost.

Title agreed to.

Bill reported without amendment.

Photo of Maria ByrneMaria Byrne (Fine Gael)
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When is it proposed to take the next Stage?

Gareth Scahill (Fine Gael)
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Now.

Photo of Maria ByrneMaria Byrne (Fine Gael)
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Is that agreed? Agreed.

Bill received for final consideration.

Photo of Maria ByrneMaria Byrne (Fine Gael)
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When is it proposed to take the next Stage?

Gareth Scahill (Fine Gael)
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Now.

Photo of Maria ByrneMaria Byrne (Fine Gael)
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Is that agreed? Agreed.

Question proposed: "That the Bill do now pass."

Photo of Jennifer Murnane O'ConnorJennifer Murnane O'Connor (Carlow-Kilkenny, Fianna Fail)
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I thank everyone. This is my first Bill so I am absolutely thrilled. I will have a second Bill coming in a few months. This is about all of us working together. It is about our young people. We do not need single-use vapes. This is a health-led approach. We in the Department of Health are leading on this with health in mind. The EU law is expected soon. I hope there will be an EU-wide ban. That is what we are looking for in working with our EU colleagues. I again thank all of the Senators. As I have said, if they want information or updates on anything at any time, they should contact my Department.

Question put and agreed to.

Photo of Maria ByrneMaria Byrne (Fine Gael)
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I congratulate the Minister of State.

Cuireadh an Seanad ar athló ar 6.54 p.m. go dtí 10.30 p.m., Dé Céadaoin, an 8 Iúil 2026.

The Seanad adjourned at 6.54 p.m. until 10.30 p.m. on Wednesday, 8 July 2026.