351. Deputy Mark Ward asked the Minister for Justice, Home Affairs and Migration if he plans his own legislation to combat nitrous oxide misuse in Ireland; and if he will make a statement on the matter. [48391/26]

Minister for Justice, Home Affairs and Migration: In January, I was pleased to respond to the Sale of Nitrous Oxide and Related Products Bill 2025, tabled by the Deputy and I thank him for his work on the Bill. However, as the Deputy may be aware, I have no role in scheduling private member's bills or in providing updates on their progress.

I explained at the time that the use of the timed amendment proposed by Deputy Murnane O'Connor, was to allow for engagement across relevant Departments and An Garda Síochána in order to determine the extent to which this legislation can be moved forward, in particular, in light of EU developments in the area. That engagement is ongoing.

The classification of substances under the Misuse of Drugs Acts is a matter for my colleague the Minister for Health. Nitrous oxide has a number of legitimate uses, particularly in the medical and catering industries, and it is for this reason that it is not under the Misuse of Drugs Acts, nor is it the intention to classify it as a substance under those Acts.

However, the challenge, as with any substance open to misuse, is to regulate its supply chain effectively without unduly penalising legitimate enterprise.

I want to confirm to the Deputy that the Government is not currently intending to introduce its own legislation on this matter. However 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.

In April 2026, the REACH Committee voted to proceed with the restriction on placing on the market of nitrous oxide based on its reprotoxic characteristics, with strict derogations for legitimate uses already approved under EU law, such as food safety law. It is expected that the final restriction Regulation will be formally adopted and published later this year and will come into force in February 2027.

I am very aware of the issues raised in connection with nitrous oxide, as well as the potential negative health implications of the misuse of this product. The health issues related to nitrous oxide are proper to the Department of Health, the HSE and the Health Products Regulatory Authority and I understand that the HPRA has previously issued advisories on the misuse of this substance.

I want to commend the ongoing work of the HSE and community groups in responding to the rise in nitrous oxide misuse. Through public awareness campaigns, harm reduction advice, and engagement with at-risk groups, they are working to mitigate the very real health risks. The HSE actively monitors usage trends and runs targeted awareness campaigns. A key part of this strategy includes the dissemination of a harm reduction factsheet, detailing risks, effects, and advice, to Drug and Alcohol Task Forces, student unions, and at festivals. Parents are also supported with information through various formats, including the drugs.ie website. This multi-faceted approach is delivered in collaboration with Task Forces across the country, aligning with recommendations from the European drugs agency.

The misuse of nitrous oxide is already addressed under several pieces of legislation.

The purpose of the Criminal Justice (Psychoactive Substances) Act 2010 includes the prevention of the misuse of dangerous or otherwise harmful psychoactive substances and the provision of offences relating to the sale, importation, exportation or advertisement of those substances. 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.

That legislation also provides An Garda Síochána with powers in relation to the issuing of prohibition notices to a person engaged in selling, importing, exporting, or advertising nitrous oxide, or any psychoactive substance, for human consumption. Where a person fails to comply with such a notice, a member of An Garda Síochána can apply to the District Court for a closure order. The 2010 Act also provides a member of An Garda Síochána with powers of entry, search, seizure and detention, powers to search persons and vehicles and powers of arrest for obstruction where, with reasonable cause, they suspect a person of committing an offence under the Act.