Tobacco: Northern Ireland

(asked on 12th September 2023) - View Source

Question to the Department of Health and Social Care:

To ask His Majesty's Government how the different standards between Northern Ireland and the rest of the UK as a result of the Tobacco and Related Products (Amendment) (Northern Ireland) Regulations 2023 will be enforced; what paperwork will be required; and what checks will be carried out.


Answered by
Lord Markham Portrait
Lord Markham
Parliamentary Under-Secretary (Department of Health and Social Care)
This question was answered on 19th September 2023

Departmental officials consulted with officials from the Department of Health in Northern Ireland about the Tobacco and Related Products (Amendment) (Northern Ireland) Regulations 2023.

No consultations have taken place as to whether regulatory changes in Northern Ireland should apply to heated tobacco products in Great Britain. Heated tobacco use remains low in Great Britain, but we will keep this under review, working with our counterparts in the devolved administrations.

The assessment given to regulatory divergence with the rest of the United Kingdom on the introduction of the regulation is that heated tobacco use throughout Great Britain and Northern Ireland is low. From 23 October 2023, there may be heated tobacco products that are permitted on the Great Britain market but that are not on the Northern Ireland market. It continues to be policy of the Department in England to discourage people from taking up tobacco, and to help people quit the use of it.

It will be an offence for anyone to sell heated tobacco products prohibited in the regulations in Northern Ireland. Each district council in Northern Ireland will enforce the new requirements under existing funding. These new requirements are not expected to be a significant burden on each district council, given the low use of heated tobacco products in Northern Ireland.

To assist with regulatory compliance for businesses selling heated tobacco, the Department has sent communications information on the regulations to the Northern Ireland Retail body and the Federation of Small Businesses, along with the suppliers of heated tobacco products on the Northern Ireland market. Information was also shared through the Northern Ireland Business Information website. The changes were also communicated to Northern Ireland councils through the Society of Local Authority Chief Executives.

No new regulation has been created in the Tobacco and Related Products (Amendment) (Northern Ireland) Regulations 2023 regarding creating an independent advisory panel. Implementing Decision (EU) 2016/786 continues to apply in Northern Ireland and lays down the procedure for the establishment and operation of an independent advisory panel to assist in this determination.

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