858. Deputy John Lahart asked the Minister for Health the status of legislation regarding the future of vaping, particularly with regard to rules introduced in neighbouring jurisdictions and in the North of Ireland; and if she will make a statement on the matter. [51374/25]

Jennifer Carroll MacNeill, Minister for Health: Drafting of both the Public Health (Tobacco Products and Nicotine Inhaling Products) (Amendment) Bill 2025 and the Public Health (Single Use Vapes) Bill are at an advanced stage.

They are both currently priority for publication in the Autumn Legislative Programme.

There has been ongoing engagement between my officials and officials from the Department of Health in Northern Ireland around similar measures being proposed in both jurisdictions, with a view to regulatory alignment where possible.

Many EU Member States, including Ireland, are taking unilateral action on tobacco and nicotine products to protect public health. However, it is recognised that EU-wide legislation in this area would be most effective. For that reason, I have formally called on the EU Commission to propose a revised Tobacco Products Directive as soon as possible.

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Dáil Éireann debate. Question 938 – Legislative Programme [52120/25]

938. Deputy Emer Currie asked the Minister for Health to clarify the definition of 'specialist stores' that will be permitted to sell vaping products under new legislation currently being prepared by her Department; if these stores will include retailers registered under the retail licensing system; and if she will make a statement on the matter. [52120/25]

Jennifer Carroll MacNeill, Minister for Health: The Public Health (Tobacco Products and Nicotine Inhaling Products) Act 2023 introduces a licensing system for all retailers who wish to sell:

a) tobacco

b) nicotine inhaling products, or

c) tobacco and nicotine inhaling products.

This licensing system will come into operation in February 2026. It will be an offence to sell nicotine inhaling products without a licence.

Separately, the proposed Public Health (Tobacco and Nicotine Inhaling Products) (Amendment) Bill will introduce point of sale display and advertising restrictions for nicotine inhaling products in retail premises.

The General Scheme which set out the policy intentions for this Bill was approved in September 2024. As per the General Scheme, the intention is that nicotine inhaling products must be kept in closed containers and not be visible to customers. This requirement will not apply to retailers who only sell nicotine inhaling products, vapes without nicotine and accessories related to the functioning or maintenance of nicotine inhaling products or vapes.

The General Scheme also sets out that advertising of nicotine inhaling products cannot take place in premises selling nicotine inhaling products, without exceptions.

Finally, the General Scheme proposes restrictions on colours and imagery on nicotine inhaling product packaging and the devices themselves, so that these products are less attractive to children.

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23 September 2025

Dáil Éireann debate. Question 697 – Legislative Programme [50425/25]

697. Deputy Pádraig Rice asked the Minister for Health the timeline she is working towards in publishing the draft heads of the Health (Single Use Vapes) Bill 2025; if she will commit to publication in advance of the Christmas recess; and if she will make a statement on the matter. [50425/25]

Minister for Health: Drafting of the Public Health (Single Use Vapes) Bill is at an advanced stage. It is currently priority for publication in the Autumn Legislative Programme.

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Dáil Éireann debate. Question 699 – Legislative Programme [50453/25]

699. Deputy Emer Currie asked the Minister for Health further to publication of the Government's Autumn legislative programme, the rationale for the proposed revised approach to legislation on nicotine inhaling products which will now involve two separate bills, i.e., a Public Health (Tobacco Products and Nicotine Inhaling Products) (Amendment) Bill and a Public Health (Single Use Vapes) Bill 2025; the matters to be addressed in each proposed bill; the proposed timeline for the preparation and publication of each bill; if pre-legislative scrutiny is planned in respect of each bill; and if she will make a statement on the matter. [50453/25]

Jennifer Carroll MacNeill, Minister for Health: 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.

Pre legislative scrutiny was waived by the Joint Oireachtas Committee on Health on 25 September 2024. The waiver was requested on the basis that the provisions in the Bill primarily stem from the recommendations made by the Committee during pre-legislative scrutiny of the General Scheme of the Public Health (Tobacco Products and Nicotine Inhaling Products) Bill 2019.

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.