561. Deputy Pádraig O'Sullivan asked the Minister for Justice, Home Affairs and Migration whether he has examined the approach taken in the United Kingdom, where nitrous oxide was made a class C controlled drug in November 2023, with a view to strengthening the legislative framework governing its recreational use in Ireland; and if he will make a statement on the matter. [53343/26]

562. Deputy Pádraig O'Sullivan asked the Minister for Justice, Home Affairs and Migration the powers currently available to An Garda Síochána to seize nitrous oxide canisters from persons suspected of possessing them for recreational use; the number of such seizures recorded in each of the years from 2022 to 2025; and if he will make a statement on the matter. [53344/26]

Jim O'Callaghan, Minister for Justice, Home Affairs and Migration: I propose to take Questions Nos. 561 and 562 together.

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 I am informed that it is for this reason that it is not listed 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.

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 Deputy may also be interested to note that 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. 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.

I am advised by the Garda authorities that nitrous oxide is not specifically captured under a structured field on the Garda PULSE system. As a result, An Garda Síochána are not in a position to provide the number of nitrous oxide seizures recorded in each of the years from 2022 to 2025.

Revenue Customs Officers are responsible for monitoring and seizing importations of nitrous oxide into the State, where there is a reasonable belief that its importation is not for legitimate purposes and is intended for human consumption as a psychoactive substance.

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.