2026-06-24

Amendment No. 1 in the name of Deputy Sherlock has been ruled out of order, as it does not arise out of committee proceedings.

I move amendment No. 2: In page 27, to delete lines 5 to 39, and in page 28, to delete lines 1 to 7 and substitute the following: “Retail packaging of nicotine inhaling product and nicotine consumption products 32E.(1) Subject to Regulation 29 of the Regulations of 2016 and subsection (6), a unit packet of a nicotine inhaling product or a nicotine consumption product intended for sale by retail in the State shall comply with the following requirements: (a) the outer surface thereof shall be a prescribed colour; (b) the inner surface thereof shall be a prescribed colour; (c) it shall not bear any decorative ridges, embossing or other embellishments; (d) it shall not contain an adhesive that is coloured or non-transparent; (e) it shall not contain any imagery such as cartoons or graphics, other than— (i) a single realistic depiction of the nicotine inhaling product or nicotine consumption product, which depiction complies with the requirements of sections 32C and 32D, or (ii) any illustrated safety or usage instructions; (f) where any text, safety or usage instructions or a trade mark is visible, such text, safety or usage instructions or trade mark shall be a prescribed colour; (g) it shall not contain any affixed item or any item other than the nicotine inhaling product or nicotine consumption product itself and any inner packaging other than as provided for by law. (2) A barcode or other identification mark or code may be printed once on a unit packet and, if so printed, shall be printed in a prescribed colour. (3) Subsections (1) and (2) shall apply with all necessary modifications to any other form of outside packaging of nicotine inhaling products or nicotine consumption products. (4) A wrapper that covers a unit packet or any other form of outside packaging for a nicotine inhaling product or a nicotine consumption product shall comply with the following requirements: (a) it shall be transparent and not be coloured; (b) it shall not bear any decorative ridges, embossing or other embellishments; (c) where a tear strip is included, such tear strip shall be a prescribed colour; (d) it shall not have any affixed item other than as provided for by law. (5) Where a unit packet of a nicotine inhaling product or a nicotine consumption product contains a lining or inner packaging, such lining or inner packaging shall be of such colour and material as may be prescribed. (6) Subsection (1) shall not apply to any warnings or identification marks (including health warnings) provided for by law. (7) A person who sells by retail a nicotine inhaling product which contravenes subsection (1), (2), (4) or (5) commits an offence.”.”. On the amendment that was ruled out of order, just to note that it deals with an important issue. Maybe it could be considered at a future stage. It is happening that they are being given out for free at festivals and I think Deputy Sherlock had a point there. On my own amendments, I will speak about amendments Nos. 2 and 3 together because they are related. On Second Stage, I raised concerns about the exclusion of nicotine pouches from the packaging and flavouring restrictions. We should treat nicotine pouches and any other nicotine consumption products the same as we are treating vapes. It is incredibly short-sighted not to amend this legislation. If it is not addressed now, it seems inevitable that further legislation will be required. As I have said repeatedly, we should use our time effectively and efficiently in the Dáil and we should legislate here while we have the opportunity instead of waiting, coming back with another Bill and doing this at a future stage. We should do this now. The amendments I am putting forward today have been drafted in collaboration with the Irish Cancer Society and the Irish Heart Foundation, which support the calls here. I hope the Dáil will endorse them. As people will know, nicotine pouches are small, odourless tobacco-free pouches that contain nicotine, flavourings and other ingredients. They are placed between the lips and the gum. You get between 15 and 20 pouches for around €5 to €7. They are available in various strengths and are designed to deliver high-concentration amounts of nicotine into the bloodstream. There is no smoke or vapour with these products, unlike cigarettes or vapes. At the moment these products are openly displayed in shops in bright, attractive packaging and in a wide variety of flavours. We have talked in the Social Democrats - my colleague, Deputy Whitmore, has raised it numerous times - about the rise in teens using these products and how they are being targeted in the advertising of these products. It is no longer just anecdotal evidence. We now have data which was financed by the Department of Health. In May 2025, the European school survey project on alcohol and other drugs found that 8% of 15- and 16-year-olds reported having used nicotine pouches at some point, while 4% currently use nicotine pouches. The use of nicotine pouches was significantly higher among male students at 9.1% and the most common age at which people started using these nicotine pouches was 15. It is important to note that this data is from fieldwork carried out between March and May of 2024. Given the noticeable surge in nicotine pouch use since then and the aggressive marketing of these products, we would have to assume that it is much higher now. We need to take action on this and I do not think we should delay, otherwise we will be back here again. If we do not accept these amendments tonight, we will be here in future with another Bill. We will be trying to do it then. As I said, we should try to close all of the gaps now and be efficient in how we deal with legislation in the House. The Government should be open to taking amendments from the Opposition. These amendments were drafted in collaboration with the Irish Cancer Society and the Irish Heart Foundation. I encourage the Minister of State to accept them.

I thank the Deputy for tabling the amendment, which relates to flavours and packaging law being introduced in respect of vapes as a result of a nicotine consumption order. The Bill introduces measures relating to nicotine consumption products, including pouches or any other products containing nicotine, in order to protect our children and take action while the use of these products is low. The measures in the Bill include a ban on sale to minors, a prohibition on advertising in retail outlets and a display ban in mixed retail outlets. These are important measures to protect our children and because of their nature are not likely to fall under harmonised law. While I understand the intention behind the amendment, if these amendments were accepted, they would require a new notification at EU level. The provision in the Bill in this regard has already been notified to the EU. If no issues arise from a member state or the Commission, the process will conclude on 7 July. As it stands, the Bill has gone to Europe. It is my intention that the Bill will be enacted before the end of the year. I hope to have it passed before the recess. A new notification at EU level at this stage would mean not only a three- or six-month standstill period, but also a risk that the Bill would be delayed by at least 12 months or more. This will happen if the European Commission determines that Ireland is proposing law on an issue that it has already announced its intention to legislate for at EU level. In April, the Commission announced that it will publish a revision of the tobacco products directive this year. The evaluation of the latest framework for tobacco control documents signals the areas that a revised directive will target, namely new tobacco and nicotine products and the rise of digital marketing, which particularly targets our younger people. Accepting the amendments would risk delaying the Bill by a year or more. While the same measures are likely to be proposed at EU level later this year, the law would be more effective in harmonised form. If we were to change the Bill now, that would mean waiting another year or so to pass it. The Department and I hope to be able to pass the Bill by the end of July. As the Deputy said, we will have to look at this. There is no question about that. We need to move quickly on this, and that is why I will not be able to accept the amendment. As I said, we need to move on this now and then consider other matters. All of this can be examined in a few months' time. We need to get this through. I understand the Deputy's concerns, but, as I said, we are awaiting word from the EU.

Does the Deputy wish to respond?

If I understand the Minister of State correctly, what she is suggesting is that the Government did not think about this and neglected to address this part of the legislation, thereby leaving a hole in the law. We now have to proceed because if we address this, we will have to go to the EU to get permission to do so. There is clearly a gap in the Bill, and there is no explanation from the Minister of State as to why this was not dealt with in either the first draft or the original notification to the EU. I accept the Minister of State's argument that addressing this could delay the Bill, particularly as it was not done in the first place, but that is a mess of the Government's making. It is not our mess; we are trying to fix the hole in the law. It is inevitable that we will have to deal with nicotine pouches, advertising and flavours. Our argument is that we should do so now. On EU law, the Minister of State might clarify whether there is a suggestion that the EU might pass an EU-wide law or give direction at national level, meaning that we will be back here dealing with another Bill. Is an EU-wide law proposed for nicotine pouches? Why was this not included in the Bill in the first place?

Again, I understand. Pouches have been spoken about. We are all learning about pouches. Vaping was new to us a while ago. We are looking at pouches now, and that is why there will be a second Bill to deal with pouches, colours, flavours and packaging. There are directives from the EU. We moved very quickly on this. We feel that this younger people, and we need to move on pouches, colours, flavours and packaging. The Government will move as quickly as it can and will work with its European counterparts on the other matters.

Does the Deputy want to respond?

I am not convinced that we should not be doing this now. As I said, we will be back here trying to do it anyway. I do not see a reason for that, other than the fact that there would be a delay. That seems to be part of the EU process. It appears that we will have to legislate in any event and will be back here with another Bill. I do not accept the argument from the Minister of State that we are only hearing about these matters now. My party and my colleague Deputy Whitmore have raised this point repeatedly in the media and in the House over a number of years. This is not new; it is not something we came up with last week. There has been concern about the use of nicotine pouches by teenagers in schools. We have flagged this concern, but it is clear that we are not being listened to when we make contributions in the Dáil. Ministers and their officials do not listen to us. We then end up with legislation that is defective and that needs to be improved. It is not just me saying that; it is also the Irish Cancer Society and the Irish Heart Foundation. Very well respected national organisations which campaign on these issues have stated that there is a gap in our law and that we should proceed with our amendment. I would like to see these amendments being progressed.

For clarity, has the Deputy moved the amendment?

I have.

Amendment No. 2 arises out of committee proceedings. Is the Deputy pressing the amendment?

Yes.

I move amendment No. 3: In page 28, to delete lines 8 to 39, and substitute the following: “Flavour names of nicotine inhaling products and nicotine consumption products 32F. (1) Subject to subsection (2), a person shall not sell by retail a nicotine inhaling product or nicotine consumption product with a flavour name. (2) Subsection (1) shall not apply to the sale by retail of a nicotine inhaling product or nicotine consumption product with a flavour name specified in the Schedule. (3) Subject to subsection (4), the Minister may, by regulation, add flavour names to the flavour names specified in the Schedule or remove flavour names specified in the Schedule. (4) When making regulations under subsection (3), the Minister shall, having regard to public health and to the objectives of reducing harm from tobacco products, nicotine inhaling products and nicotine consumption products and prioritising the protection of health of children, take the following matters into account: (a) the need to limit flavour names that may disproportionately appeal to children; (b) evidence relating to flavours for nicotine inhaling products and smoking cessation, initiation and continuation of nicotine inhaling product use, or harm to health relating to nicotine inhaling products and nicotine consumption products; (c) the prevalence of smoking of tobacco and use of nicotine inhaling products or nicotine consumption products in both children and adults, and the demographics of children and adults who smoke tobacco or use nicotine inhaling products or nicotine consumption products; (d) evidence of the effectiveness, and other impacts, of the restrictions concerning flavour names for nicotine inhaling products and nicotine consumption products contained in this Act. (5) A person shall not sell by retail a nicotine inhaling product or nicotine consumption product with a variant name which implies that such product has— (a) a particular sensory characteristic, or otherwise contains references to temperatures, textures or oral sensations, or (b) a flavour other than that described in the flavour name. (6) A person who contravenes subsection (1) or (5) commits an offence.”.”.

I move amendment No. 4: In page 34, between lines 5 and 6, to insert the following: “ ”.

The time permitted for this debate having expired, I am required to put the following question in accordance with an order of the Dáil of 23 June: "That Fourth Stage is hereby completed and the Bill is hereby passed."

The Bill will now be sent to the Seanad.