Home > Seanad Éireann debate. Vol. 1045 No. 2. Public health (Tobacco products and nicotine inhaling products) Bill 2023: Second stage.

[Oireachtas] Seanad Éireann debate. Vol. 1045 No. 2. Public health (Tobacco products and nicotine inhaling products) Bill 2023: Second stage. (14 Nov 2023)

External website: https://www.oireachtas.ie/en/debates/debate/seanad...


Question proposed: "That the Bill be now read a Second Time."

Stephen Donnelly, Minister for Health: I am delighted to be in the Seanad to introduce this important legislation to the House. The Bill is designed to reduce the health harms of smoking through reducing the use of tobacco products and nicotine inhaling products, such as e-cigarettes, in particular by young people. The Bill will achieve these objectives through further restrictions on the sale and advertising of these products, the introduction of a licensing system for the retail sale of the products and strengthening the powers of the enforcement authority, namely, the environmental health service of the HSE. In our debate on the Bill in the other House, there was significant support for taking further action on vaping, and that is my intention. We are preparing to launch next week our public consultation on the further regulation of e-cigarettes or vaping.

 

I will now take Senators through the content of the Bill, which is divided into seven Parts. Part 1 is titled "Preliminary and General" and contains sections 1 to 10, inclusive. Section 1 sets out the Short Title and provides that the Minister for Health may provide for different lead-in times for different sections.

 

Section 2 deals with interpretation and defines some of the terms used in the Bill. "Nicotine inhaling product" is defined here and it includes any part of the product, such as a cartridge attached to the product or any substance used in the product.

 

This comprehensive definition means that a licence will be required for the sale of any element of these products. This section also provides that the definition of "sale by retail" includes online sales.

 

Section 3 ensures that the Act will not apply to medical devices, such as those devices with nicotine that may be prescribed for smokers to assist them to quit smoking.

 

Section 4 provides that companies and corporate bodies shall be deemed to be ordinarily resident at their registered office or principal place of business.

 

Section 5 empowers the Minister for Health of the day to make regulations as provided for under the Act.

 

Section 6 is a standard provision dealing with expenses.

 

Section 7 is a standard provision dealing with the service of documents under the Act.

Section 8 provides that where a person is sold a tobacco product or nicotine inhaling product from somewhere outside the State, but that product is despatched within the State, the sale is deemed to have taken place within the State and therefore will be subject to the provisions of the Act.

 

Section 9 repeals certain sections of the Public Health (Tobacco) Act 2002 and certain regulations.

 

Section 10 was introduced on Committee Stage in the other House and provides for a review of the operation of the Act after 12 months.

 

Click here to read the full debate

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