1788. Deputy Violet-Anne Wynne asked the Minister for Health if he is aware that e-cigarette and vaping products are currently being sold across a very wide range of retail settings in Ireland; if he intends using the licensing provisions in the new Public Health (tobacco and nicotine inhaling products) Bill 2023 to restrict the sales of these products to specialist vape stores and only those retailers that currently sell tobacco and alcohol products which are regulated; and if he will make a statement on the matter. [1853/24]

1789. Deputy Violet-Anne Wynne asked the Minister for Health if he is aware that e-cigarette and vaping products that do not meet Irish product standards are widely available; if he will make it a condition for the licensing of retail outlets under the new licensing system provided for in the Public Health (tobacco and nicotine inhaling products) Bill 2023 that they can only sell e-cigarettes and vaping products that are fully compliant with the standards for these products in force in Ireland, and what enforcement measures he is planning in this regard; and if he will make a statement on the matter. [1854/24]

Stephen Donnelly, Minister for Health: I propose to take Questions Nos. 1788 and 1789 together.

I am aware that e-cigarette and vaping products are currently being sold across a very wide range of retail settings in Ireland.  When the relevant sections of the Public Health (Tobacco Products and Nicotine Inhaling Products) Act 2023 are commenced, the sale of these products will be restricted to holders of licences who will have to apply for a licence each year.

Section 11 of the Act provides that an application will be accompanied by the prescribed fee, a tax clearance certificate and a declaration signed by the applicant or officer of the company that the applicant has complied with tobacco control legislation.  A person under 18 will not be able to apply for a licence and in order to ensure that tobacco products or nicotine inhaling products are no longer sold in temporary or moveable premises, a licence will not be issued for a period of time shorter than one year or for temporary or moveable premises other than a commercial passenger ship.

An application for a licence can be refused if the application is not made in accordance with section 12, if the applicant has been convicted of two or more serious or category A offences in tobacco control or the HSE believes that any information provided as part of an application is false or misleading.  A licence may be revoked if the licensee has been convicted of two or more serious or Category A offences within the meaning of section 28 of the Act, the licensee no longer holds a tax clearance certificate which is in force, or the HSE believes that the licensee provided it with false or misleading information when making the application.  Section 39  of the Act also provides for minimum suspension period for licences to sell tobacco products and nicotine inhaling products.  These are designed to ensure that the penalties for offences under tobacco control law are effective, proportionate and dissuasive.  Suspension periods will depend on the seriousness of the offence committed, whether it is a serious offence and it is take on summary prosecution or on indictment. 

The new licencing system will make enforcement of tobacco control more efficient as there will be a complete and up to date register of all tobacco and nicotine inhaling products retailers immediately available to the enforcement authority and the number of retail outlets selling these products is likely to reduce.