763. Deputy Barry Heneghan asked the Minister for Justice, Home Affairs and Migration whether any review is being undertaken of the current legal framework governing the sale, supply and misuse of nitrous oxide; the enforcement powers that are currently available to An Garda Síochána in relation to the unlawful sale or supply of nitrous oxide; and if he will make a statement on the matter. [37846/26]

Jim O'Callaghan, Minister for Justice, Home Affairs and Migration: The Government, the HSE and An Garda Síochána remain aware of the issues surrounding nitrous oxide misuse, and the HSE continues to support awareness of the associated health risks among young people, parents and youth organisations.

The Department of Health leads on Government policy in the area of drugs through the national drugs and alcohol strategy, Reducing Harm, Supporting Recovery – a health-led response to drug and alcohol use in Ireland 2017–2025, which represents a whole-of-Government response to substance misuse.

Nitrous oxide has a range of legitimate medical, industrial and commercial uses and is not controlled under the Misuse of Drugs Acts or the International Drug Conventions. However, under section 3 of the Criminal Justice (Psychoactive Substances) Act 2010, it is an offence to sell, import or export a psychoactive substance, including nitrous oxide, for human consumption. The Act provides that a person who sells, or who imports or exports, a psychoactive substance, knowing or being reckless as to whether that substance is being acquired or supplied for human consumption, shall be guilty of an offence. Furthermore, with regard to children, section 74 of the Child Care Act 1991 also provides for the offence of sale of certain substances.

The Deputy may be interested to note that I am advised by my colleague Minister Burke at the Department of Enterprise, Tourism and Employment that from February 2027, nitrous oxide will be subject to EU classification harmonisation and will be designated as a substance that is potentially harmful to human reproductive health and the nervous system. This reclassification is not merely a technical change; it is the trigger for further regulatory action. The European Commission has also published a draft amendment to the Regulation on Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) that would restrict the placing on the market of nitrogen oxide for supply to the general public, subject to narrowly defined derogations. Notably, to minimise the possibility of misuse, it is under consideration at EU level whether the derogation should include specific conditions for the sale of cartridges containing this substance, such as restrictions on the maximum volume of the substance that can be sold to members of the general public, as well as age restrictions on the sale of the cartridges containing the substance.