Debate contribution: Tobacco Retailer (Fixed Penalty) (Amount) (Amendment) Regulations (Northern Ireland) 2026
Debate contribution by Mr Robbie Butler on .
- MLA
- Mr Robbie Butler
- Party at the time
- Ulster Unionist Party
- Date
- 5 October 2026
- Type
- Debate contribution (made as a minister)
- Business
- Executive Committee Business
- Heading
- Tobacco Retailer (Fixed Penalty) (Amount) (Amendment) Regulations (Northern Ireland) 2026
- Assembly identifier
- Official Report component 5773959
Read the official Assembly record
Text
I beg to move
Thank you, Madam Principal Deputy Speaker. This morning, I seek the Assembly's approval of the draft regulations, which make important amendments to the Northern Ireland tobacco control enforcement framework as a consequence of the Tobacco and Vapes Act 2026. Members will be aware that smoking remains the leading preventable cause of death, disability and ill health in Northern Ireland. It is responsible for more than 2,000 deaths each year and over 25,000 smoking-attributed hospital admissions annually. In 2019-2020 alone, our hospitals spent an estimated £218 million treating smoking-related conditions. Alongside smoking, there is growing concern about vaping by children and young people. Recent research undertaken by the Public Health Agency found that 20% of young people in Northern Ireland aged between 11 and 18 have tried vaping, while 15% are current users. The UK-wide Tobacco and Vapes Act 2026, which received the support of the Northern Ireland Assembly through a legislative consent motion in February 2025, was enacted on 29 April 2026. That landmark legislation represents a significant step forward in protecting public health, reducing smoking prevalence and safeguarding future generations from the harms associated with tobacco use and nicotine addiction. The Act introduces a range of significant measures, including making it an offence to sell tobacco products to anyone born on or after 1 January 2009; prohibiting the sale of non-nicotine vapes and nicotine products to persons under 18; strengthening enforcement powers; and extending the tobacco retailers register to retailers of vaping and nicotine products. The immediate priority is to support the implementation of the Tobacco and Vapes Act, including the development of secondary legislation required to ensure that those measures can operate effectively in practice. The regulations before the Assembly are technical and consequential upon the Tobacco and Vapes Act 2026. They do not introduce any new policy; rather, the regulations amend the existing fixed penalty notice framework to reflect the new and revised retail offences established in the Act in relation to the new products in scope, including herbal smoking products, non-nicotine vapes, nicotine pouches, nicotine strips and nicotine pearls. Specifically, the regulations revise the list of retail offences for which a fixed penalty notice may be issued and prescribe the corresponding penalty amounts. The regulations also revoke the Tobacco Retailer (Fixed Penalty) (Amount) (Amendment) Regulations (Northern Ireland) 2021, as they will be superseded by the proposed statutory rule. The purpose of the regulations is to ensure that the legislative and enforcement framework in Northern Ireland is fully aligned with the expanded regulatory framework for tobacco, vaping and nicotine products that was introduced via the same Act. The regulations will be commenced on a phased basis to align with the corresponding provisions in the Act. On 29 October 2026, provisions will commence relating to age of sale; proxy purchase of vaping and nicotine products; a vending machine ban; and free distribution restrictions. On 1 January 2027, tobacco age-of-sale-related provisions will come into force, and, on 1 March 2027, revised fixed penalty provisions relating to the extended registration requirements for retailers of vape and nicotine products will become enforceable. My officials have engaged with the Department of Justice and other key stakeholders, including the Society of Local Authority Chief Executives (SOLACE) and Belfast City Council, throughout the development of the regulations. There is broad support for the proposals. As part of the Assembly's enhanced scrutiny procedures for statutory rules (SRs), the Health Committee invited views on the proposed statutory rule, otherwise known as an "SL1", through the Citizen Space platform, which involves the publication of proposals for a statutory rule, including associated documents. The call for views provided stakeholders and individuals with information on the proposals for the statutory rule. No concerns or issues were raised as a result of the Committee's consultation. My officials briefed the Health Committee at its meeting on 18 June on the proposed regulations to outline the policy intent, and they responded to members' questions. I am pleased to confirm that the Committee raised no concerns about the content of the draft regulations. It is with the Health Committee's support, therefore, that I bring the statutory rule before the Assembly Chamber today. The regulations are an important component of the implementation programme for the Tobacco and Vapes Act. They will provide clarity for retailers, enforcement authorities and consumers whilst ensuring that the new retail requirements can be enforced effectively in Northern Ireland. I therefore commend the motion to the Assembly.
741 words. Text as published by the Northern Ireland Assembly.
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