The Minister of State, Deputy Murnane O'Connor will move the amendment when she is closing. I will begin in the same way all the other speakers have begun, by commending Deputy Ward on the Bill he has put before the House this evening. It is important that we can have a debate on nitrous oxide. Regrettably, everyone in this House is aware of the prevalence of nitrous oxide being used throughout the country. It is evident in the canisters on the ground in all parts of Ireland. Deputy Gould suggested it was limited to certain areas or certain parts of constituencies. I represent the inner city and south city of Dublin. It is there throughout every part of the constituency that I represent. This is not an issue that is limited to one particular area of our communities. It is very beneficial that we have an opportunity to talk about it, so we can warn younger people about the dangers of taking nitrous oxide. The dangers are very significant, as has been mentioned already. It has significant neurological impact on individuals and can result in serious physical conditions as well. Somebody who is taking nitrous oxide, I regret to say, is playing Russian roulette with their health.
A number of colleagues have complained about the fact that it is the proposal of Government to put forward a timed amendment. The reason for that is not that this is a Sinn Féin Bill. Deputy Ward will be aware, and Deputy Carthy will be aware that the last time Sinn Féin had a Bill in Private Members' time, I did not oppose it and it went through. It is not because of that. In truth, the Bill only came to our attention very recently, last week, and some time is required to give careful consideration, particularly since at present, and this may not be recognised, it is a criminal offence to sell nitrous oxide for human consumption.
I want to use the timed amendment that Deputy Murnane O'Connor will propose to engage with other Departments and An Garda Síochána in order that we can determine the extent to which this legislation can be moved forward. Deputy Ward will be aware, from recent developments at EU level, that consideration has to be given to it because of our membership of the EU. The timed amendment has not been designed to vote down a Bill just because it is coming from the Opposition. If that were my objective, I would be opposing it and voting it down now.
As I mentioned briefly, the misuse of nitrous oxide is already addressed under several Acts. It falls under the definition of a psychoactive substance. Section 3 of the Criminal Justice (Psychoactive Substances) Act 2010 states: "A person who sells a psychoactive substance knowing or being reckless as to whether that substance is being acquired or supplied for human consumption shall be guilty of an offence." The sale of it for human consumption is a criminal offence. Section 74 of the Child Care Act also states: "It shall be an offence for a person to sell, offer or make available a substance to a person under the age of eighteen years or to a person acting on behalf of that person if he knows or has reasonable cause to believe that the substance is ... likely to be inhaled by the person under the age of eighteen years for the purpose of causing intoxication." Responsibility for these Acts rests with my Department and the Department of Children, Disability and Equality, respectively. I have to engage with them.
It is noteworthy that the proposed Bill does not list nitrous oxide as a controlled drug under the Misuse of Drugs Act. This is a deliberate and significant policy choice. It means that unlike cannabis or heroin, the simple possession of nitrous oxide for personal use is not being criminalised. The Bill is squarely aimed at the supply chain, not the end user, which aligns with the harm reduction approach favoured by many health experts.
I will take this opportunity to commend the ongoing work of the HSE and community groups in responding to the rise of nitrous oxide use. Through public awareness campaigns, harm reduction advice and engagement with at-risk groups, they are working to mitigate the very real health risks, including nerve damage. The HSE actively monitors usage trends and runs targeted awareness campaigns for adults aged over 18 highlighting the long-term risks, such as vitamin B12 deficiency. A key part of this strategy is disseminating a harm reduction fact sheet detailing risks, effects and advice to drug and alcohol task forces, student unions and at festivals. Additionally, parents are also supported with information through various formats, including the drugs.ie website, dedicated fact sheets and a series of webinars. This multifaceted approach is delivered in collaboration with task forces across the country aligning with recommendations from the European Union Drugs Agency.
It is also worth highlighting that there are legitimate uses, as Deputy Ward and others indicated, for nitrous oxide. That is why it cannot just be categorised under the Misuse of Drugs Act. That legitimate use is in the area of the medical and catering industries. However, the challenge, as with any substance open to misuse, is to regulate its supply chain effectively without unduly penalising legitimate enterprise. In relation to regulating the supply chain, it is necessary to consider developments at EU level.
First, the EU has formally adopted a new harmonised classification for dinitrogen oxide, which is the chemical name for nitrous oxide, under the EU regulation on classification, labelling and packaging of substances and mixtures. This new classification, which will apply from 1 February 2027, designates nitrous oxide, among other things, as a substance that is harmful to reproductive health and causes damage to the nervous system. This reclassification is not merely a technical change. It is the trigger for further regulatory action. The Commission has also published a draft amendment to the regulation on the registration, evaluation, annual authorisation and restriction of chemicals that would restrict the placing on the market of dinitrogen oxide for supply to the public, subject to narrowly defined derogations. Notably, to minimise the possibility of misuse, it is under consideration at EU level whether the derogation should include specific conditions for the sale of cartridges containing this substance, such as restrictions on the maximum volume of the substance that can be sold to members of public as well as age restrictions on the sale of cartridges containing the substance.
The second key consideration is procedural. The Bill is likely to be considered a technical regulation under EU Directive No. 2015/1535. This means it is subject to the technical regulations information system notification process, which Deputy Ward is aware of. That requires us to notify the European Commission of the draft legislation. This notification triggers an initial three-month period during which the Bill cannot be adopted. This period allows the Commission and other member states to review the measure. If a detailed opinion is issued, for example, if concerns are raised about potential barriers to trade, this period may be extended for a further three months for products resulting in a total of six months. A longer postponement of 12 to 18 months could occur if the Commission decided to block the national measure in favour of proposing its own comprehensive EU-harmonised legislation. Both developments must be carefully weighed when considering the progress of this domestic legislation.
Regardless of the EU developments, the administrative architecture proposed in this Bill raises significant questions about its practical implementation. It would impose a considerable regulatory and financial burden on reputable sellers as well as significant cost to the Exchequer. These costs include the designation and resourcing of a competent licensing and registering authority, the development and implementation of entirely new administrative systems for processing applications and maintaining registers and the necessity of conducting a comprehensive regulatory impact assessment, particularly concerning the effect on the many small- and medium-sized enterprises that legitimately use this on a daily basis.
Other issues that would require consideration with stakeholders concern the proposed offences, penalties and powers of search and seizure contained in the Bill. A primary concern is the potential for legal ambiguity due to overlap with existing legislation. For example, section 3 of the psychoactive substances Act I referred to, makes it an offence to sell a substance for human consumption, while the Bill creates a parallel offence of selling nitrous oxide without a licence under section 2. Therefore, a single act of illicitly selling a nitrous oxide canister could be an offence under two different pieces of legislation creating uncertainty as to which should be used for prosecution. I also draw the House's attention to the proposed penalties in the Bill. Under section 14 of the Bill, for the utmost serious offence of illegal sale on indictment, the penalty is a fine or imprisonment for a term not exceeding 12 months or both. That is significantly lower than the offence under the 2010 Act, which allows for penalties up to five years.
I again commend Deputy Ward on the effort he has gone to in drafting this legislation. Both he and I share a desire to inform young people about the dangers of nitrous oxide. I want to see it regulated in such a way that it cannot be availed of by young people. At present, it is a criminal offence to sell nitrous oxide for human consumption. It is also a criminal offence to sell it to somebody aged under 18. As I indicated in my response, however, there are regulatory issues involved with the EU and other matters that require consideration. The easy thing for me to do would be to just vote it down or even to let it through, but further consideration is required in order to give this Bill the consideration it deserves.
