The RCPI has published its response to the Department of Health’s public consultation on legislation for the sale of tobacco products and non-medicinal nicotine delivery system (NMNDS), including electronic cigarettes, calling for an on-the-spot fine for certain offences.

The College’s Policy Group on Tobacco proposed: “The fixed penalty notice amount should be sufficient to act as a deterrent — €500 is considered appropriate.

“Penalties for sale to minors, for example, should carry a more severe penalty. Repeat offences should also carry a more severe penalty than first offences,” the College added.

In addition to compliance with this legislation and the relevant articles in the Tobacco Products Directive (2014/40/EU), an applicant for a licence to sell NMNDS (including e-cigarettes) should be over 18 years of age, provide proof of identity and age, be tax compliant, hold a valid Revenue Commissioner Business Identifier, and be a fit and proper person.

A WHO report published in July 2014 stated that there was sufficient evidence to caution children and adolescents, pregnant women, and women of reproductive age about use of NMNDS because of the potential for foetal and adolescent nicotine exposure to have long-term consequences for brain development. As such, the College said, the regulation of the sale of such products was appropriate in the interest of protecting public health.