2127. Deputy Roderic O'Gorman asked the Minister for Justice, Home Affairs and Migration the plans he has to further regulate the sale of nitrous oxide canisters to ensure that they are not being sold for recreational use; and if he will make a statement on the matter. [59623/26]

2495. Deputy Robert O'Donoghue asked the Minister for Justice, Home Affairs and Migration the current legislative position regarding the sale, supply and possession of nitrous oxide for recreational or intoxicating use (details supplied); if he has examined the legislative approach taken in other jurisdictions, including the United Kingdom, in addressing the misuse of nitrous oxide; if additional legislation or enforcement measures are currently being considered here; and if he will make a statement on the matter. [62326/26]

Jim O'Callaghan, Minister for Justice, Home Affairs and Migration: I propose to take Questions Nos. 2127 and 2495 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.

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

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.

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Dáil Éireann debate. Question 650 – Recycling policy [nitrous oxide] [59625/26].

650. Deputy Roderic O'Gorman asked the Tánaiste and Minister for Finance to provide details of the third party waste disposal company which Revenue contracts to handle and dispose of discarded nitrous oxide canisters; if these canisters are recycled in Ireland; and if he will make a statement on the matter. [59625/26]

Simon Harris, Tánaiste and Minister for Finance: I am advised by Revenue that it continues to seize nitrous oxide canisters where it has reasonable grounds to believe its importation is not for legitimate purposes and is intended for human consumption as a psychoactive substance. In such circumstances, Revenue has the power to detain and seize nitrous oxide in accordance with the Criminal Justice (Psychoactive Substances) Act 2010.

In March 2025, Revenue awarded a contract to Veolia to manage the storage and disposal of nitrous oxide canisters. This contract was awarded under public procurement guidelines. This company has all the relevant waste disposal certifications applicable to handing nitrous oxide in accordance with regulations. With regards to the actual disposal process, after the nitrous oxide has been safely extracted from the canisters, the plastic components and valves are separated, and the steel canisters are recycled by a metal processing company located in the State.

Revenue works closely with other relevant Departments and agencies in the State including An Garda Síochána, the Department of Justice, Home Affairs and Migration, and the Health Products Regulatory Authority in acting against the illegal drugs trade and is committed to supporting legitimate trade, stopping illegal activity, and ensuring harmful products do not reach our communities. I am assured by Revenue that combating the importation of any prohibited or restricted goods into this jurisdiction is, and will continue to be, a Revenue priority.