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Selling e-cigarettes to under 18s will carry a €4,000 fine and possibly six months in prison

The Government is not considering an outright ban on vaping right now.

LAST UPDATE | 30 May 2023

THE PUNISHMENT FOR selling someone a vape who is under 18 will be a fine of up to €4,000 and six months in prison in new legislation approved by Cabinet today. 

For any subsequent offenses, the fine will be a maximum of €5,000 and up to 12 months in prison.  

The finalised Public Health (Tobacco and Nicotine Inhaling Products) Bill was brought to Cabinet this morning by Health Minister Stephen Donnelly. 

The Government’s Bill contains a number of measures in addition to banning the sale of e-cigarettes by or to those aged under 18.

These include: 

  • Prohibiting the sale of nicotine inhaling products to anyone under 18 years
  • Prohibiting the sale of tobacco products and nicotine inhaling products at events for children
  • Prohibiting the self-service sale of tobacco products and nicotine inhaling products
  • Introducing a strict licensing system for the retail sale of tobacco products and nicotine inhaling products
  • Prohibiting the advertising of nicotine inhaling products around schools and on public transport
  • Providing additional enforcement powers to the Environmental Health Service for measures in the Bill and for all previous Tobacco Control Acts

There is currently no mandatory age restriction on the sale and marketing of e-cigarettes in Ireland.

Under the new rules, the licensing laws will change and a premises will need a license to sell vaping products.

Speaking to reporters today after Cabinet, the health minister said the Government is not looking at an outright ban on vaping products for adults. 

The new legislation will protect children and young people, said Donnelly, who added that he would like to see “a strong EU-wide approach” on vaping. 

“So we want to see restrictions brought in on flavors. We want to see restrictions brought in on labeling. I certainly would be keen that we keep that under review. Restrictions on point of sale advertising. Every one of us knows when you walk into a petrol station or certain shops now you’re just bombarded with this point of sale advertising,” said Donnelly. 

He said the preference is for action to be taken at an EU level, but if it does look the EU are going to take a longer time period, “certainly we will look to bring it in here”. 

Donnelly said the Government will keep the approach taken by Australia, which introduced an outright ban on vaping, under review. 

Children and vaping 

The most recently published surveys of Irish school-aged children (the Health Behaviour in School-aged Children Survey 2018 and the European Schools Project on Alcohol and other Drugs 2019) show that 9% of 12-to-17-year-olds and 15.5% of 15 and 16-year-olds used electronic cigarettes in the previous 30 days.

An evidence review by the Health Research Board found that children who vaped were five times more likely to go on and start smoking.

The HSE does not currently recommend vaping as a method of quitting smoking. It says that based on evidence thus far, it has found it to be less useful for smoking cessation than nicotine gum or patches.

There are also no e-cigarettes on the market in Ireland authorised by the Health Products Regulatory Authority (HPRA) as a medication for smoking cessation.

However, the NHS in the UK does recognise e-cigarettes as an aid to smoking cessation. Though it does not prescribe them, it states that nicotine vaping is “substantially less harmful than smoking” and is “one of the most effective tools for quitting smoking”.

“Our research tells us that vaping among adolescents increases the likelihood that they will later smoke. Our Bill is designed to intervene at each phase of the process through which these products are sold,” Donnelly said. 

“I am determined to continue to make the necessary legislative changes to confront smoking and vaping and help us all to make the healthy decision for ourselves and our families,” he said. 

The sale of e-cigarettes to adolescents is already banned in a number of European countries.

According to the World Health Organization, there are 16,000 different flavours of vapes – such as bubblegum and gummy bears.

Many of the big tobacco companies have also branched out into vaping.

With reporting by Christina Finn 

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    Mute Annette
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    Dec 28th 2019, 8:35 AM

    Something seriously wrong here, this poor woman and her surviving daughter what she must have gone through!! Unimaginable

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    Mute Bernard Kilmurray
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    Dec 28th 2019, 8:37 AM

    Where were the lifeguards?

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    Mute John Horan
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    Dec 28th 2019, 8:46 AM

    @Bernard Kilmurray: There is a minimum size rule before you need a lifeguard.

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    Mute CC
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    Dec 28th 2019, 9:54 AM

    @John Horan: yeah I think of the pool is bigger than 200/250 sqm ? Read someone’s comment on another article. Just heartbreaking.

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    Mute Paddy Dunne
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    Dec 28th 2019, 10:04 AM

    I think the question has to be asked is what kind of pool is this ,is this a normal pool or is there some wave making mechanism in it to say that they were pulled into the deep part of the pool and not able to get out sounds sinister to me ,
    God bless that poor woman a holiday that cost her husband and children unimaginable

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    Mute Rory J Leonard
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    Dec 28th 2019, 9:58 AM

    Tragic, whatever the cause.

    More unroped easily accessible Lifebuoys, positioned adjacent to entry points / steps and to the side, should be mandatory for hotel pools.

    Buoys being too far away and all tied up seems the norm, which is no good in a panic scenario – likely with the story here.

    It’s a bit unrealistic to expect lifeguard cover at a hotel 24/7. Costs would be too prohibitive for all but very top end of the market.

    A small floatation device attached to a foot, no matter how good the swimmer, especially if not a regular, should not take from the enjoyment of a dip.

    One can’t be too careful with children near water.

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    Mute Dave Hammond
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    Dec 28th 2019, 11:35 AM

    @Rory J Leonard what a tragedy – poor family –

    I dont know why you speculate about buoys being likely far away – the pic of the pool in the article shows a large orange rung buoy right beside the pool ??

    Something doesn’t add up here ??

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    Mute Dublin
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    Dec 28th 2019, 6:32 PM

    I almost drowned in a hotel pool in Tenerife (Gran Tacande in Costa Adeje resort).
    My sister and mum came to save me but they too immediately began to struggle. They’re both better swimmers than me. There were TWO lifeguards on duty, both sitting atop a high chair supposedly looking out for this sort of thing. None of them saw or helped. It was only when I went to the bottom my mum screamed to the top of her lungs. She was screaming before but people though she was playing. When they realised it was serious, 3men dived in to immediately save me and pull me to the size where I had CPR.
    The lifeguards watched, then came down to inspect what was going on. They were almost EXACTLY useless. Never visiting the hotel again. Don’t underestimate how easy it could be to drown in shallow-is water.

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    Mute Marie Broomfield
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    Dec 28th 2019, 11:33 AM

    Some news media mad to add the non swimmers element . First it was possibly non swimmers, then it came as a direct quote from surviving child. As for the official report, BBC news said the pool was investigated and found not at fault but then added, the pools pumping system was being examined. So the pool is not in the clear yet. The state broadcasters are the only news media that can be trusted because they don’t have any reason to make a story juicier. Imo

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    Mute Bernard Kilmurray
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    Dec 28th 2019, 8:39 AM

    Where were the lifeguards???

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    Mute Breda Clarke
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    Dec 28th 2019, 5:52 PM

    So very sad but I can’t help but think why the dad used the steps to get into the pool. I know I’d jump in if my child was in difficulty as I can swim. I think a person who is not a confident swimmer would be inclined to use the steps.

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    Mute Barry Evans
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    Dec 28th 2019, 8:46 PM

    @Breda Clarke: that’s what you took from this? That he didn’t dive in like some movie action hero??

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    Mute Bopper Bops Holland
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    Dec 28th 2019, 1:34 PM

    What time did it happen

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    Mute nelliekel
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    Dec 28th 2019, 4:16 PM

    Doesn’t seem to be a run down flea pit of hotel so why is there no cctv as most hotels have it now if only for the compo culture

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    Mute Dublin
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    Dec 28th 2019, 6:40 PM

    Testing if my comments ever show up !

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    Mute Dublin
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    Dec 28th 2019, 6:36 PM

    Don’t underestimate

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