Legislative Council passes under-18 vaping ban bill

The Vaping Products Bill 2023 has passed its last stage in the Legislative Council

A bid to reduce the likelihood of young people caught vaping being criminalised was rejected as proposed new Manx laws progressed through the Legislative Council.

The Vaping Products Bill 2023, which would introduce a vaping ban for those under the age of 18, passed its final stage in Tynwald's upper chamber this week.

But, an amendment by Tanya August-Hanson MLC to give police alternatives to explicit prosecution for children caught vaping failed to gain enough support.

That was after Diane Kelsey MLC said widening the options available to police could lead to a "very real risk that young people could misunderstand their new responsibilities under the law".

Ms August-Hanson had argued vaping had become commonplace in children's lives and was "very normalised" in schools.

'Full awareness'

Supporting the amendment, Kerry Sharpe MLC said it could help to prevent young people being criminalised.

She said: "Children shouldn't be stopped and searched for vapes, because it's not like we're talking about a Class A drug or a weapon, we're talking about something which isn't at the moment illegal."

But Ms Kelsey said the powers would be "there for our children's safety and to give them full awareness of their position in regards to vaping".

"Excessive criminalisation" of young people was "a matter of legitimate concern and should be carefully considered" when making new legislation, she said.

But being explicit in the new laws would give officers a "clear legal basis" to enforce the powers of seizure of vaping products, she added.

The House of Keys will now be asked to consider a previous amendment made during the clauses stage of the Vaping Products Bill 2023, and if that is approved, the bill will be circulated for signature in Tynwald before being sent for Royal Assent.