317. Deputy Ken O'Flynn asked the Minister for Housing, Local Government and Heritage the number of representations or motions received by his Department since 1 January 2025 from local authorities, including Cork City Council and Cork County Council, seeking changes to planning law in respect of premises for the retail sale of nicotine inhaling products; the response issued in each case; and if he will make a statement on the matter. [75272/26]

318. Deputy Ken O'Flynn asked the Minister for Housing, Local Government and Heritage whether the Retail Planning Guidelines for Planning Authorities (2012) are to be reviewed, or a national planning statement prepared, to address the proliferation of premises for the retail sale of nicotine inhaling products in cities, towns and villages; the timeline for any such review or statement; and if he will make a statement on the matter. [75271/26]

319. Deputy Ken O'Flynn asked the Minister for Housing, Local Government and Heritage whether there is planning measures under consideration in respect of premises for the retail sale of nicotine inhaling products that would allow planning authorities to have regard to the over concentration of such premises and their proximity to schools; whether any such measure would apply to premises already trading; whether his Department intends to include a statutory definition of such premises to prevent the rules being avoided by premises describing themselves as general convenience retailers; and if he will make a statement on the matter. [75270/26]

320. Deputy Ken O'Flynn asked the Minister for Housing, Local Government and Heritage the status of the examination by officials in his Department of whether amendments to the Planning and Development Regulations 2001, as amended, are required to enable planning authorities to object to or refuse premises for the retail sale of nicotine inhaling products; the date on which that examination commenced; the expected date of completion; whether the creation of a distinct use class for such premises, in order that a change of use to such a premises would require planning permission, is among the options under consideration; and if he will make a statement on the matter. [75269/26]

James Browne, Minister for Housing, Local Government and Heritage: I propose to take Questions Nos. 317, 318, 319 and 320 together.

The National Planning Framework (2025) recognises the strong link between our health and environment and includes a National Policy Objective to support the objectives of public health policy, including Healthy Ireland, A Framework for Improved Health and Wellbeing 2013–2025 and the National Physical Activity Plan, through integrating such policies, where appropriate and at the applicable scale, with planning policy. This policy support at national level is also translated into policies at the regional and local levels through the Regional Spatial and Economic Strategies and city and county development plans.

The Retail Planning Guidelines were issued as Ministerial Guidelines under Section 28 of the Planning and Development Act 2000 in 2012.  Section 28 of the Act provides that planning authorities and An Bord Pleanála (now An Coimisiún Pleanála) are required to have regard to the Guidelines in the performance of their functions. 

The Guidelines support a plan-led approach to the provision of new retail development.  Under the Guidelines, retail strategies are to be prepared at regional and local levels, which project future retail needs and requirements aligned to the settlement hierarchy established by the National Planning Framework, Regional Spatial and Economic Strategies and City and County Development Plans.  This process will identify the appropriate level, form and location of retail activity.

Part 3, Chapter 3 of the Planning and Development Act 2024, relating to National Planning Statements, commenced on October 2, 2025.  Ministerial Guidelines will, over time, be reviewed and replaced, as appropriate, with National Planning Statements (NPSs).  Having regard to the evolving nature of the retail industry and broader changes that are impacting on the role of city and town centres in recent years, it is envisaged that the Retail Planning Guidelines will be reviewed and replaced with a NPS.  The sequence and timing of replacing existing guidelines with National Planning Statements will be decided based on Government priorities.  In the interest of clarity, the existing Retail Planning Guidelines will continue to have effect until such time as they are replaced by an NPS.

The local authority development plan is the principal planning policy tool to achieve the NPF objectives and the requirements of Ministerial Guidelines at a local level.  The zoning of land for particular purposes, including the use of lands for retail development, is an exercise undertaken by planning authorities as part of their overall statutory plan function, generally as part of a development plan.

All current development plans across the country were adopted under the Planning and Development Act 2000.   Part 3, Chapter 5 (Development Plans) of the Planning and Development Act 2024 commenced on 31st December 2025.  Sections 44 to 51 of the Act of 2024 require planning authorities to include various strategies and objectives in preparing development plans made under the 2024 Act, including in relation to the sustainable development of their functional area.  Section 45 of the Act requires local authorities to the promote sustainable economic development, including retail provision.

Section 84 of the Planning & Development Act 2000 (as amended) states: “A planning authority may, if it considers that all or part of an architectural conservation area is of special importance to, or as respects, the civic life or the architectural, historical, cultural or social character of a city or town in which it is situated, prepare a scheme setting out development objectives for the preservation and enhancement of that area, or part of that area”, including the promotion of an appropriate mix of uses and the remediation of derelict or vacant sites. The upcoming commencement of Part 4 of the Planning and Development Act 2024 will allow for a similar approach to be taken by planning authorities under section 335 of the 2024 Act.

In determining planning applications, planning authorities must have regard to the proper planning and sustainable development of the area, relevant development plan objectives, retail strategies, urban regeneration objectives and any applicable area-based planning schemes.  With regard to the specific categories of retail establishments and consideration within the process of granting planning permission, under the provisions of the Planning and Development Regulations 2001 (as amended) the definition of a 'shop' includes a structure used for the retail sale of goods.  The Regulations do not specify what types of goods may or may not be sold within a shop.  Accordingly, a change from one retail use to another retail use will not generally constitute a material change of use for planning purposes.

While planning policy and legislation are kept under ongoing review, responsibility for regulating the sale, advertising and display of nicotine inhaling products rests primarily with the Minister for Health.  In this regard the availability and sale of vapes are being actively pursued by the Minister for Health.  The Public Health (Tobacco Products and Nicotine Inhaling Products) Act 2023 introduced a suite of measures to address the rise in youth vaping. These measures include prohibiting the sale of nicotine inhaling products to persons under the age of 18, banning self-service vending machines, and imposing further restrictions on the advertising of nicotine inhaling products on public transport, in cinemas, and in the vicinity of schools.

The Public Health (Tobacco Products and Nicotine Inhaling Products) (Amendment) Bill 2026 represents a significant expansion of Ireland's tobacco and nicotine regulatory framework. The Bill primarily targets vapes (nicotine inhaling products) and nicotine pouches (nicotine consumption products), introducing controls broadly comparable to those already applicable to tobacco products. Among its key provisions are requirements for plain packaging of vapes and refill containers, restrictions on the use of flavour descriptors for vape products and measures requiring most vape products to be kept out of public view within retail premises. The Bill also proposes further restrictions on the advertising, display and promotion of these products, reflecting a broader public health objective of reducing their visibility and appeal, particularly among young people.  The Bill is currently before Seanad Éireann, Third Stage.

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Dáil Éireann debate. Question 457 – Legislative measures [75281/26] 

457. Deputy Ken O'Flynn asked the Minister for Health the current status of the Public Health (Tobacco Products and Nicotine Inhaling Products) (Amendment) Bill 2026; the expected date of enactment; the dates on which the provisions restricting colours, imagery, flavour descriptors and advertising of nicotine inhaling products are expected to commence; and if she will make a statement on the matter. [75281/26]

Jennifer Carroll MacNeill, Minister for Health: The Public Health (Tobacco Products and Nicotine Inhaling Products) (Amendment) Bill 2026 has passed through both Houses of the Oireachtas and will now go to Uachtarán na hÉireann for her consideration.

The timelines for the measures in the Bill will be addressed in the commencement orders for the relevant sections once enacted. However, Section 21 of the Bill provides for a transition period of 12 months for the measures related to appearance, packaging and flavour names of nicotine inhaling products.

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Dáil Éireann debate. Question 459 – Healthcare policy [75280/26]

459. Deputy Ken O'Flynn asked the Minister for Health whether consideration has been given to providing a statutory definition of a specialist retailer of nicotine inhaling products, distinguishing premises whose primary business is the sale of such products from general retailers, in view of the difficulty in defining a vape shop identified by the Minister of State with responsibility for public health; whether her Department has engaged with the Department of Housing, Local Government and Heritage on such a definition for planning purposes; and if she will make a statement on the matter. [75280/26]

Jennifer Carroll MacNeill, Minister for Health: The definitions in public health law related to nicotine inhaling products and their sale are those that are necessary for and specific to the measures in relevant legislation such as the Public Health (Tobacco Products and Nicotine Inhaling Products) (Amendment) Bill 2026. Planning law and related definitions are a matter for the Minister for Housing, Local Government and Heritage.