I thank all the Deputies who have spoken on this important Bill. The amendment seeks to change the existing definition of single-use vapes by alternating its construction. The intention of the existing definition in the Bill is to prohibit any vape which is not refillable or rechargeable. This means a vape must be both refillable and rechargeable to avoid prohibition. We are banning any vape which can be refilled but cannot be recharged, any vape which can be recharged but cannot be refilled or any vape which cannot be refilled and cannot be recharged. While I appreciate the intentions of the Deputies, the proposed amendment identifies only vapes which cannot be refilled and cannot be recharged. The definition of the relevant products in the Bill is for the purpose of a criminal offence. In that context, it will be interpreted narrowly in favour of the person accused. In this regard, it is not clear if this alternative definition would include devices which fall under only one of these categories. This would, therefore, potentially allow a swath of devices to escape the proposed ban. A great deal of work was undertaken with the Office of the Attorney General to ensure these definitions capture the intended products. They also align with the definition in the UK law, which currently prohibits the production that it is intended to prohibit here. For this reason, I do not propose to accept the amendment. Deputy Cullinane referred to the industry. There is nothing new about the tobacco and related industries seeking to circumvent regulations and find new ways to market their products. This legislation ensures the products on the market are intended to be reused and have functional capabilities to be reused. It will not be enforced through the authority to ensure there are no complications with this. That is the main issue and it is important we have that. We will not accept the amendment.

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We are not modelling it on the UK law.

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We are not modelling it on the UK law. The UK has taken steps to do this. I assure the Deputy that we are learning as well, and this is a very good step forward for us. The Attorney General has also been working on this. As I said, we will not be accepting this amendment.

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Yes.

Sentiment score: 0.40

The Deputy's amendment proposes to expand the range of circumstances related to the sale which would constitute an offence. There is already a comprehensive definition of the word "sell" in section 2. This includes "offer or expose for sale", "invite the making by a person of an offer to purchase", "distribute free of charge" and "supply for any of these purposes (whether or not for profit)". The Deputy's amendment is nearly a duplication. It is not substantial enough to change the scope of the offence. The consultation with the enforcement authority has taken place. We are health led. We work with the Garda, which is fine, but this is a health-led approach. We are working with our enforcement authority on the scope of these provisions. It is satisfied that they meet the requirements necessary to enforce the law in an effective manner. Working through the health-led approach, which is very important for our younger people, we are working with the enforcement authority and it is saying that it is fully on board with this. We have to work with the Garda. This is a health-led approach. I thank the Deputy for the amendment. It is important, but we do not propose to accept it.

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We are very mindful of that. I thank the Deputy for highlighting it.

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Providing for 12 months for the taking of prosecutions is a standard provision. For example, this is already the case under the Public Health (Tobacco Products and Nicotine Inhaling Products) Act 2023. A great deal of investigation and analysis goes into bringing cases of this type. I see no benefit in making it easier for businesses that have broken the law to avoid prosecution, so, unfortunately, that is why we will not be changing the provision. I cannot accept the amendment.

Sentiment score: -0.09

I thank everyone. The Bill will now go to the Seanad. Some questions came up from Deputies. All the Deputies' points were very relevant. I thank them for their valuable contributions to the debate on this important Bill. Yesterday, the Government approved publication of our other Bill on nicotine products. I will provide an update on that. The Bill will prohibit the sale of nicotine-consumption products, such as pouches, to those under 18; prohibit the advertisement of nicotine-inhaling and nicotine-consumption products in all retail outlets and prohibit their point-of-sale display in mixed retail outlets; restrict colours and imagery on nicotine-inhaling products, devices and packaging, as well as prohibit the sale of devices resembling or functioning as other products such as toys or games; prohibit all flavour descriptors and language other than basic flavour names for nicotine-inhaling products; limit flavours in nicotine-inhaling products to tobacco; and grant the power to make changes by regulation. These two Bills together form a comprehensive suite of measures to reduce the availability, affordability and attractiveness of these products. All of us here tonight want to do the right thing and get these Bills passed. It is important we do so as soon as possible.

Sentiment score: 0.24