2127. Deputy Roderic O'Gorman asked the Minister for Justice, Home Affairs and Migration the plans he has to further regulate the sale of nitrous oxide canisters to ensure that they are not being sold for recreational use; and if he will make a statement on the matter. [59623/26]

2495. Deputy Robert O'Donoghue asked the Minister for Justice, Home Affairs and Migration the current legislative position regarding the sale, supply and possession of nitrous oxide for recreational or intoxicating use (details supplied); if he has examined the legislative approach taken in other jurisdictions, including the United Kingdom, in addressing the misuse of nitrous oxide; if additional legislation or enforcement measures are currently being considered here; and if he will make a statement on the matter. [62326/26]

I propose to take Questions Nos. 2127 and 2495 together.

The classification of substances under the Misuse of Drugs Acts is a matter for my colleague the Minister for Health. Nitrous oxide has a number of legitimate uses, particularly in the medical and catering industries, and I am informed that it is for this reason that it is not listed under the Misuse of Drugs Acts, nor is it the intention to classify it as a substance under those Acts.

However, the challenge, as with any substance open to misuse, is to regulate its supply chain effectively without unduly penalising legitimate enterprise.

The Government is not currently intending to introduce its own legislation on this matter; however the Deputy may be interested to note that I am advised by my colleague Minister Burke at the Department of Enterprise, Tourism and Employment that from February 2027, nitrous oxide will be subject to EU classification harmonisation and will be designated as a substance that is potentially harmful to human reproductive health and the nervous system. This reclassification is not merely a technical change; it is the trigger for further regulatory action. The European Commission has also published a draft amendment to the Regulation on Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) that would restrict the placing on the market of nitrogen oxide for supply to the general public, subject to narrowly defined derogations.

In April 2026, the REACH Committee voted to proceed with the restriction on placing on the market of nitrous oxide based on its reprotoxic characteristics, with strict derogations for legitimate uses already approved under EU law, such as food safety law. It is expected that the final restriction Regulation will be formally adopted and published later this year and will come into force in February 2027.

The Deputy may also be interested to note that the misuse of nitrous oxide is already addressed under several pieces of legislation.

The purpose of the Criminal Justice (Psychoactive Substances) Act 2010 includes the prevention of the misuse of dangerous or otherwise harmful psychoactive substances and the provision of offences relating to the sale, importation, exportation or advertisement of those substances. The Act provides that a person who sells, or who imports or exports, 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.

That legislation also provides An Garda Síochána with powers in relation to the issuing of prohibition notices to a person engaged in selling, importing, exporting, or advertising nitrous oxide, or any psychoactive substance, for human consumption. The 2010 Act also provides a member of An Garda Síochána with powers of entry, search, seizure and detention, powers to search persons and vehicles and powers of arrest for obstruction where, with reasonable cause, they suspect a person of committing an offence under the Act.

The HSE and An Garda Síochána remain aware of the issues surrounding nitrous oxide misuse, and the HSE continues to support awareness of the associated health risks among young people, parents and youth organisations.