145. Deputy Tom Brabazon asked the Minister for Justice, Home Affairs and Migration if he plans to introduce legislation to regulate nitrous oxide. [6635/26]

Deputy Tom Brabazon: Does the Minister have any plans to introduce legislation to regulate nitrous oxide and other inhalants? As we know, those who use nitrous oxide and other inhalants as a drug are putting themselves at serious risk. Last week, Private Members' time was used to discuss nitrous oxide in particular, and the Department indicated it required time to assess the issues. It is important, however, that greater action is taken to regulate the sale of nitrous oxide and other readily available inhalants. The sale of nitrous oxide for human consumption is a criminal offence but people are still getting their hands on it.

Deputy Jim O'Callaghan: I thank the Deputy for his question. Before I talk about legislation, I will repeat something he said there. Taking nitrous oxide is playing Russian roulette with your health. We know from what the HSE and the hospitals have said, there are many incidents of people suffering severe illnesses and damage to their health as a result of taking nitrous oxide. It can wreak severe neurological damage on an individual. It can damage your reproductive health and, really, you are playing Russian roulette if you take it.

As regards legislation, as the Deputy will be aware, the Criminal Justice (Psychoactive Substances) Act 2010 criminalises the sale of nitrous oxide for human consumption.

Nitrous oxide can also, however, be used for legitimate purposes. It is sometimes used by dentists and in the catering profession. The Deputy will also be aware that section 74 of the Child Care Act 1991 provides for the offence of sale of certain substances, which includes the sale of substance to a child such as the type of substance we are talking about here. The Deputy is right about the Private Members' Bill introduced by Deputy Mark Ward last week. I welcome the fact that there has been a lot of public discussion in the intervening time, which is beneficial.

In considering legislation, I have to look at what impact any legislation proposed or introduced would have on the EU technical regulations information system, which requires that legislation or proposed legislative changes that can interfere with the sale of legitimate products and legitimate trade be notified to the EU in advance. That arises in the context of the prospective regulation about what is a lawful substance for certain purposes. I will certainly be keeping it under consideration. I am also aware that the Commission has published a draft amendment to the regulations in order to place restrictions on the marketing of dinitrogen oxide, which is the technical name for it. I am not closing my mind to legislation but I have to go down these avenues before I make a final decision.

Deputy Tom Brabazon: My question is probably wider than just the issue of nitrous oxide. It also concerns readily available inhalants like aerosols that we would all use, including deodorants. Last week at the Oireachtas Committee on Drugs Use, we heard from a broken-hearted mother and father who had lost their teenage son as a result of him having inhaled an aerosol. It is every parent's worst nightmare to lose their child. We have to look at all of these inhalants in the round. We cannot afford to sit around. We have to look at regulating this whole area.

Deputy Jim O'Callaghan: The Deputy can appreciate the difficulties that arise when we are dealing with something that is lawful, such as aerosol or spray deodorants. Obviously, we cannot ban them, but the Deputy is trying to put forward proposals that could facilitate their regulation. Even before we go down the avenue of starting to look at legislation, the most important thing we can do is to educate people and to warn young people about the dangers associated with nitrous oxide or the aerosol narrative that the Deputy just cited. It can have dire consequences on an individual's health. What nitrous oxide in fact does is cut off the oxygen supply to the brain. If people were aware of that and the neurological consequences of it, I do not think they would be engaging in the use of nitrous oxide to the extent they are now. I am also pleased to tell the Deputy that between 2020 and November 2025, the Revenue Commissioners seized approximately 250,000 kg of nitrous oxide canisters, so there is a recognition that this is being imported for purposes other than legitimate purposes.

Deputy Tom Brabazon: I appreciate that. I genuinely feel that the whole education side of it is really important, as well as regulation. It has to be a two-pronged approach.

Deputy Jim O'Callaghan: I agree with the Deputy that there certainly needs to be a two-pronged approach. We need to warn people. Sometimes we look at the drugs issue very much in terms of what legislation can be introduced. However, it is really about warning people of the dangers associated with taking drugs. Everyone in this House has seen terrible outcomes from people taking drugs. They are referred to as recreational drugs but there is no recreation associated with them. They ruin young people's lives and the people who are distributing and selling these drugs really need to be dealt with severely because they are abusing our younger population and need to be dealt with very seriously.

I will keep an open mind in respect of it. I commended Deputy Mark Ward last week on bringing forward the Private Members' Bill. The reason I could not just let it go through is that I have to see what is happening in Europe on the matter. I also have to see whether this would infringe on trade in the area of legitimate purposes for nitrous oxide, whether that is in the catering area, dentistry or other legitimate purposes. If, having looked at what is happening in Europe, I think there is a necessity for regulation here, I will propose it.