Written answers

Wednesday, 17 September 2025

Department of Health

Legislative Process

Photo of Emer CurrieEmer Currie (Dublin West, Fine Gael)
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1366. To ask the Minister for Health to outline all work carried out to date in the drafting of the proposed Public Health (Nicotine Inhaling Products) Bill; to outline a clear timeline for its legislative progress and enactment; and if she will make a statement on the matter. [49139/25]

Photo of Jennifer Carroll MacNeillJennifer Carroll MacNeill (Dún Laoghaire, Fine Gael)
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Proposals to further regulate nicotine inhaling products and prohibit single-use vapes were approved by Cabinet in 2024. Parliamentary and Legal Counsel were subsequently assigned to the legislation from the Office of the Attorney General.

The drafting process involves engagement between officials in my Department and the Office of the Attorney General, and consultation with the National Environmental Health Service, other enforcement authorities such as the CCPC and other Departments and aegis bodies to translate the policy outlined in the General Scheme into legally sound and workable legislation. This includes, but is not limited to, examining:

  • Rights to be conferred/duties to be imposed
  • Powers of the Minister or other body
  • Any administrative machinery
  • Enforcement (including offences and penalties)
  • Technical definitions
  • Use of secondary legislation
  • Transitional and consequential provisions
On the advice of the Office of the Attorney General, the provisions to prohibit single-use vapes and the associated enforcement framework have been separated into the Public Health (Single-Use Vapes) Bill. The proposals to restrict flavours, packaging and appearance, and point of sale display and advertising for nicotine inhaling products will be progressed within the Public Health (Tobacco Products and Nicotine Inhaling Products) (Amendment) Bill.

Drafting of both Bills is now at an advanced stage. Once finalised, the Public Health (Single-Use Vapes) Bill will require notification at EU level for assessment under the Technical Standards Directive (Directive 2015/1535) and the Tobacco Products Directive (Directive 2014/40/EU). The Public Health (Tobacco Products and Nicotine Inhaling Products) (Amendment) Bill will also require notification at EU level under the Technical Standards Directive.

At this stage in the legislative process is it is not possible to give an indication of when the legislation will be enacted.

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