Sale of Nitrous Oxide and Related Products Bill 2025: Second Stage [Private Members] Dail Éireann — 2026-01-20 ============================================================ Mark Ward (SF), Dublin Mid-West I just want to thank everyone who spoke in support of this Bill. I thank Deputy Crowe in particular because, in fairness to him, he did a hell of a lot of work on this Bill to make sure we protect the children and the end-user is not criminalised. I thank the other Opposition parties whose members spoke in support of the legislation, including the Labour Party, the Social Democrats, Independent Ireland and Deputy Paul Gogarty. As was said, this is a common-sense Bill and it should be allowed to go on to Committee Stage. Deputy Gannon, I think, said it is like a foundation that can be built on. I am not egotistical enough to think this Bill is absolutely perfect. I am willing to work with the Minister of State and the Government to improve it. I was bemused by the Minister, Deputy O'Callaghan. I thought I wrote his speech myself because he was making all the same points I was making. When I come in here to talk about a Bill, often there is clear blue water between the Government and the Opposition. There did not seem to be on this legislation. I cannot think of any legitimate reason, and I know a multitude of reasons was given, other than this is just a political decision not to pass this Bill. The Minister actually commended me on the legislation itself. What he did say, which does not wash with me, is that he only became aware of this Bill in the past week. I introduced this Bill in the last Dáil term, and then I reintroduced it as soon as I could in this Dáil, so this legislation has been ready to go to Second Stage for quite some time. Every chance I get when I am in this House, and the Minister of State herself will know this, I will raise this legislation. The Minister coming in here and saying he was not aware of the Bill simply does not wash. The Minister also mentioned there were several pieces of legislation already out there that should be working in relation to combating nitrous oxide. Walk down any park, street or stream, as Deputy Crowe said, and you will see discarded nitrous oxide canisters. It is not working. How many people have been convicted of selling nitrous oxide over the past number of years? I could not find anybody who has been convicted, so the legislation out there is not working. Regarding the EU issue and kicking this down the road until the EU comes in with its derogation in 2027, I said in my contribution that we are an independent, sovereign state. We should be making our own laws. We do not have to wait for the EU to come in with a law. Holland has done it already. It came out with legislation a couple of years ago, which was very similar to this. It is not waiting on the EU. We know how liberal that country is in relation to drug laws. If it is bringing legislation to tackle nitrous oxide, we know there is a problem. The financial burden on businesses was mentioned. There is no financial burden on businesses from this legislation. There is no cost for a licence. An application is made to the Minister for the licence and to be on the approved list of retailers. There is no cost to retailers or sellers who have a legitimate reason to use nitrous oxide. The Minister also mentioned the Garda having the powers to seize nitrous oxide not being in this Bill. If we turn to sections 6 and 11, section 6 will give the Garda the power to seize nitrous oxide canisters from people who it is believed intend to use it as an intoxicant. Section 11 of this Bill sets out the powers gardaí will have to enter and search properties they reasonably suspect are being used to sell nitrous oxide without a licence or to the non-exempted purchaser. I pay tribute to Joe who works in my office. Joe, myself and the OPLA worked on this legislation. I do not have a team of staff like the Minister has. I do not think he read the Bill if he did not see sections 6 and 11 that specifically work in relation to giving the Garda the right to seize nitrous oxide canisters. The Government often comes in here and criticises the Opposition for not bringing solutions. I am bringing in solutions. I was on "Prime Time" with the Minister of State a month ago and I offered her the Bill. She can take the Bill and call it a Government Bill. As Deputy Crowe said, I do not really care who brings this legislation in. The Clondalkin Drug and Alcohol Task Force has said children as young as 12 are using its service because of nitrous oxide use. Is it okay for those 12-year-olds to turn into 13-year-olds? This period of nine months does not make sense. I said I am willing to work with anyone on this legislation. No legislation is perfect. The Government brings forward amendments, and then it tables amendments to its own legislation, so do not criticise the Opposition for doing the same. I am willing to work with the Government, all parties and none, to bring this legislation in. At this stage, I will be asking the Minister of State to withdraw this amendment because I really do not think it is good enough. We are giving the Government a solution. We are giving it the answer. We are willing to work with it but it is kicking us down the road. --- Source: Houses of the Oireachtas. Licensed under CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/). The Official Report is revised after first publication; the fetch timestamp below identifies the version quoted. Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/dail/2026-01-20/debate/main Retrieved: 2026-08-14T04:54:31+00:00 Sitting date: 2026-01-20