The Social Democrats welcome this long-overdue legislation to ban single-use vapes. However, I do have some outstanding concerns about the Government's plans. The first relates to the Minister's piecemeal approach to regulating vapes. We are still waiting for legislation on packaging, advertising, flavours and other products such as nicotine pouches. Second, I have real concerns about the strength of the legislation. From my reading of the Bill, it may be outdated before it even gets onto the Statute Book. In October, the WHO published a report on global tobacco-use trends. Since 2000, the WHO found that the number of people using tobacco has dropped by 120 million, which is a 27% drop. However, vapes were found to be fuelling a new wave of nicotine addiction, particularly in Europe. Adult vape use in Europe was found to be 4.6%, more than double the global average. Most alarmingly, the WHO found that Ireland has an adult vaping rate of 11.2%, putting us fourth highest out of 85 countries. In response, the WHO general secretary said: ... the tobacco industry is fighting back with new nicotine products, aggressively targeting young people. Governments must act faster and stronger in implementing proven tobacco control policies. Among children and young people, vaping rates are even higher. The 2024 Healthy Ireland survey found that 17% of 15- to 24-year-olds reported using vapes either daily or occasionally. This compared with just 11% two years previously, in 2022. While a European school survey project for 15- and 16-year-olds in Ireland found that 32% had tried vapes, 16% were current users and 7% reported daily use. The most common age at which people started using a vape was 14. These figures, while shocking, should not come as a surprise. Successive Ministers have allowed vaping rates to surge with their indecision. In failing to act decisively, the crisis has been allowed to escalate. It is not like vaping companies have been subtle about their tactics. They have continually blatantly advertised their products towards children. Flavours like cotton candy, cherry cola and bubblegum are readily available in every corner shop. They are displayed like pick-and-mix rather than highly addictive products. Recently, I was at a good briefing organised by HSE south west for Oireachtas Members. One of the focuses was on vaping. They gave us results of a study of 700 young people from Cork city who had completed the study by the Cork children and young people's services committee on vaping. One in four of those young people in Cork said the biggest challenge facing young people was vaping. One in three said the worst thing about Cork was vaping - maybe a sign of how great Cork is - while one in ten would ban or reduce the availability vapes around Cork city. Therefore, even young people want action and want these vapes banned and restricted. The HSE briefing was also really alarming in terms of the effects around how addictive vapes are. They showed an increased risk of asthma, an increased risk of depression, risks around oral health, lower sperm count, headaches and dizziness. They were really concerning reports from the HSE about the impact on young people and also the views of young people themselves in my city of Cork about how they want this regulated. A ban on single-use vapes is long overdue. Why the delay on the Bill on packaging, advertising and flavours as well? That is a crucial part of it. We know this is how they are marketing and how they are targeting these young people. Young people are saying they want action here. It has now been 15 months since the previous Minister for Health secured Government approval for that Bill. Since the current Minister for Health took office, it has been listed as a legislative priority but there is still now sign of it. Fifteen months on, it is still listed. We are still waiting. How much more time does the Minister need to get this done? Unlike the Bill before us, my understanding is that that second Bill will need to go through an EU notification process under the technical standards directive, further delaying that implementation. However, if it can be done more quickly, as Deputy Ward has suggested, by amending this Bill on Committee Stage, we will absolutely support that. This needs to happen and the delay has been far too long. These reforms need to happen together. It is a mistake to wait and delay because the crucial issue is how they are targeting young people with the flavours, colours and marketing. The Minister is very concerned about productivity in the health services and she constantly refers at the health committee to productivity across the health service. Looking at her own legislative output this year, however, she should reflect on her own productivity, particularly when it comes to legislation. We are waiting too long for these Bills to come through, particularly the other Bill approved 15 months ago, on which we are still waiting. We must also not lose sight of the fact that a considerable share of the vape market in Ireland and internationally is controlled by the tobacco industry. It recognised the trends and adapted quickly, recruiting a new generation of addicted customers to feed its profits. The companies behind Marlboro and P.J. Carroll both have vape lines, while Elf Bar and Lost Mary, the disposable vape brands that have captured the Irish market, are manufactured by ambiguous companies in China. According to the Irish Heart Foundation, reports show that the vape market in China is now overseen by that state's national tobacco corporation and the state's tobacco monopoly administration. It does not stop at vapes, however. The tobacco industry is also behind the emerging market for nicotine pouches, which are being cynically marketed at young people. Last August, the Irish Cancer Society highlighted that big tobacco was now front and centre at a string of festivals and concerts in Ireland heavily promoting its nicotine products and pouches. The main brands, Velo and Nordic Spirit, are owned by British American Tobacco and Japan Tobacco International, respectively. I am alarmed by the level of lobbying that has been going on, particularly by some of the vape retailers. Not long ago, one of those retailers - perhaps the leading one - was offering its customers €20 in phone credit for making submissions to the Government's consultation on vaping. It is really concerning that a company with vested interests would do that. I fully accept that vapes have a place in the market as a smoking cessation tool. I support Deputy Sherlock's call that more be done in terms of provision of vaping cessation programmes. The move towards stricter regulation of the vaping market is not about penalising those who use vaping to stop smoking. It is about ensuring a whole new generation of people do not become addicted to nicotine. We simply can no longer bury our heads in the sand. A balance must be struck. A total of 31 million vapes were sold in Ireland last year. That should be setting off alarm bells. Aside from the obvious health implications, there are also environmental impacts from single-use vapes. Looking around any city, town or village, one will see vape packaging and stickers all around. Many vape users are not disposing of their devices properly. The only effective way to address this is to ban disposable vapes. While I fully support the Bill's principles, I have concerns about the adequacy of its provisions. The vape manufacturers seem already to be ahead of the legislation. In most shops right now, if I were to ask for a Lost Mary disposable vape, I would be handed one that has a charging port and a removable pre-filled pod, as in the picture I have in my hand. This model is sold as a disposable vape and generally costs no more than €10. Even if it could be reused, there is little incentive to do so. The recent addition of these charging ports and removable pods was done purely as a pre-emptive measure to exploit a loophole. We must close that loophole in this Bill. Nobody is reusing these products; they are being treated as disposable. Even if somebody tried to buy a refill pod for them, it probably is not possible. I have not seen refill pods on sale alongside these vapes in any store. The charging port and removable pod are little more than props designed to circumvent the forthcoming ban. This needs to be addressed on Committee Stage. The other issue of concern is the language used in the Bill's definition of single-use vapes. Section 2(1) defines them as follows: "single-use vape" means a vape that is not designed or intended to be re-used and includes any vape that is— (a) not refillable, or (b) not rechargeable My concern is with the use of the word "or" instead of "and". Both the Department and the Oireachtas Library and Research Service use "and" in their briefing documents. The Bill digest states that "a vape will only be considered reusable, and therefore legal to sell, if it is both rechargeable and refillable (not just one or the other)". The use of "or" in the Bill is somewhat confusing and clarity is needed in this regard. A vape should only be considered reusable if it is genuinely both rechargeable and refillable. The wording in the Bill means a vape could be considered reusable if it has one of those features. This would be a major issues because there are large disposable vapes on the market that last for the equivalent of ten standard disposable vapes. While these large vapes can be recharged for a period and might last ten times longer than a standard disposable vape, they are not refillable. For the legislation to be effective, enforcement is important. As we know, the existing laws are already being breached by some retailers. In 2024, the HSE carried out 249 vape-related inspections. Those checks found that 55 of the inspected retailers were selling vapes that breached the EU regulations. Last month, the HSE confirmed to the Irish Independent that 40 retailers in 2024 were found to be breaking the law by selling vapes to children. Following the passage of the legislation, the HSE's national environmental health service role will increase. Will the service's enforcement capacity and budget for authorised officers be expanded to ensure the ban can be enforced on a national basis? It is really important that it has the resources to enforce the ban. If we pass this law, we must resource the HSE to do effective enforcement. Is work under way to recruit to the additional posts that will be needed? I note that the Bill's regulatory impact assessment estimates funding of €3.1 million per year will be required. My understanding is that the EU notification process can take up to six months. Has that process begun or can it not commence until the legislation is passed? I am conscious that the upcoming public health (tobacco products and nicotine inhaling products) (amendment) Bill will also require notification at EU level. Will the Minister of State outline the expected timelines for the introduction of both Bills in practice? Will the supplementary legislation and this Bill be commenced in tandem or separately? The Social Democrats will support the Bill to progress to Committee Stage. However, there are gaps in it that need to be addressed. I sincerely hope the Minister of State will work constructively with us to strengthen the Bill. We have a shared aim in this matter. At the Working Group of Committee Cathaoirligh last week, the Taoiseach said the Government would engage with the Opposition on amendments and that he is always open to accepting amendments. That has not been my experience to date of the Department of Health, with none of the amendments put forward so far from the Opposition benches being accepted. I hope the Minister of State will take the message from the Taoiseach that amendments from the Opposition benches will be accepted. I will be proposing constructive amendments to improve the legislation, close the loopholes and ensure we have an effective ban in place. I really hope the Minister of State will work with me in good faith to ensure we have the best legislation possible. We all want to get this right, first and foremost to protect children. We are up against a tobacco industry that is not going down without a fight. It will exploit every single loophole. That is why we need to ensure the legislation is watertight. We need a Bill that will stand the test of time, not one that will be obsolete on arrival.

Sentiment score: 0.05