Public Health (Single-Use Vapes) Bill 2025: Committee and Remaining Stages
Dail Éireann — 2026-03-04
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Jennifer Murnane O'Connor (FF), Carlow-Kilkenny

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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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/dail/2026-03-04/debate/main
Retrieved: 2026-08-14T04:54:43+00:00
Sitting date: 2026-03-04