330. Deputy Joe Cooney asked the Minister for Health to confirm whether nicotine inhaling products (vapes) or nicotine pouches are affected by any of the provisions of the WHO FCTC Article 5.3; whether companies and individuals that do not have ties to the tobacco industry are entitled to seek to engage with members of the Oireachtas and with officials in Government Departments; and if she will make a statement on the matter. [27361/26]

Minister for Health: Ireland has ratified and is a Party to the WHO Framework Convention on Tobacco Control (FCTC). The FCTC is the first global public health treaty, and it is legally binding. It is an evidence-based treaty that reaffirms the right of all people to the highest standard of health and was developed by countries in response to the globalisation of the tobacco epidemic.

Article 5.3 of the FCTC states:

'In setting and implementing their public health policies with respect to tobacco control, Parties shall act to protect these policies from commercial and other vested interests of the tobacco industry in accordance with national law.'

At its simplest, public health policy in respect of tobacco control is any policy or program with the aim of improving the health of the population by reducing tobacco prevalence. Tobacco control policies can involve (but are not limited to):

• Any aspect of tobacco supply and demand
• Exposure to tobacco smoke
• Consumer law and competition policies
• Taxation, excise and price
• Trade facilitation
• Retail and other licensing arrangements
• Illicit trade in tobacco
• Smoking cessation
• Harm reduction and alternative products

According to the FCTC, “tobacco industry” means manufacturers, wholesale distributors and importers of tobacco products. However, Article 5.3 requires policy to be protected more broadly from “commercial and other vested interests” of the industry. In addition to traditional tobacco products, companies and their subsidiaries manufacture and distribute other alternative products such as e-cigarettes, nicotine pouches, heated tobacco products, and even pharmaceutical products and medicines.

The Guidelines on implementation of Article 5.3, which were adopted by Parties to the FCTC, state that policies should be protected from the industry and “by organizations and individuals that work to further the interests of the tobacco industry”. Therefore Article 5.3 should apply to specific tobacco companies and their subsidiaries, as well as related businesses and groups who work to further the industry’s interests.

Last June I issued updated guidance, reflecting our specific Irish context, to all members of the Oireachtas and Government Departments to remind them of their obligations under Article 5.3 of the FCTC. These guidelines offer advice on the types of scenarios which Article 5.3 may be applicable to and recommendations on how to respond to approaches from the tobacco industry or those who work to further their interests. These can be found here: https://assets.gov.ie/static/documents/e4b5eb9d/Guidelines_for_Interaction_with_Tobacco_Industry_2025.pdf