The Government must ensure its definition of single-use vapes is watertight because of concerns it could be invalid, the Dáil has heard.
Social Democrats TD Pádraig Rice cautioned against using a definition similar to legislation in the UK because of reports manufacturers and suppliers were exploiting a loophole in the law there.
“We must ensure the ban is not rendered ineffective on day one,” he said.
He was speaking during a debate on the Public Health (Single Use Vapes) Bill which bans the sale of disposable single-use vapes. The legislation was passed by the Dáil without a vote on Wednesday night and now goes to the Seanad.
READ MORE
Rice, who is chair of the Oireachtas Health Committee, said he was hearing reports from the “vaping lobby” that the industry in the UK was “getting around the definition”.
He held up a vape that had a charging port attached. “When you pull it out it looks like it’s rechargeable but it’s actually not and the charging port is just there for show,” he said.
“It’s purely a token feature to get around the legislation in other countries,” he said.
It was being used in the UK “and manufacturers are no doubt going to exploit the exact same one in this jurisdiction”.
The Cork South-Central TD recited the Bill’s definition of a single-use vape as one that is “not designed or intended to be reused and includes any vape that is, a) not refillable or, b) not rechargeable”.
He suggested that gave a choice when there should be none. It would render single-use vapes that included fake chargeable ports, legal.
Sinn Féin health spokesman David Cullinane supported the amendment and said whether it was the tobacco, alcohol or vaping industry “they’ll always be looking for ways to get around legislation we bring in for specific purposes”.
It would be problematic, he said, “if through some unintended consequences the definition was unclear and allowed the industry to get around that”.
However, Minister of State for Health Jennifer Murnane O’Connor said the Social Democrats amendment would “potentially allow a swathe of devices to escape the ban”.
A great deal of work was undertaken with the office of the Attorney General “to ensure these definitions capture the intended products”, she said. “They also align with the definition in UK law.”
She added: “This legislation ensures that products on the market are intended to be reused and have functional capability to be reused.”
[ Government open to banning vapes in cars with children, says TaoiseachOpens in new window ]
The Social Democrats TD said, however: “If we’re modelling around the UK law where people are getting around the law with a loophole – that’s not the law we should be implementing.”
He called on the Minister to look at what was happening in the UK in advance of the Seanad debate to ensure the definition was watertight.
He also criticised as “very poor form” the taking of committee stage of the Bill in the Dáil rather that at the committee.
As chair of the health committee, he said he had “received a letter essentially telling me my committee was too busy to even consider this issue, without any real engagement about our schedule and our willingness to take that committee”.
He said there could have been a short debate at committee “and I don’t think we needed to keep all the TDs later tonight to do this”.
The Bill was passed late on Wednesday evening after the Government on Tuesday approved a related Bill on nicotine consumption products.
The Minister highlighted some of its provisions, including a ban on the sale of products such as nicotine pouches to those under 18. It also prohibits advertising and requires shops to hide vapes in the same way as tobacco.
The legislation also includes restrictions on the use of colours and imagery including cartoons on devices and their packaging, allowing only plain wrappers.
