On 11 February 2025, the Northern Ireland Assembly approved a legislative motion to include the region in the UK's Tobacco and E-Cigarettes Bill. This bill would prohibit the sale of tobacco products to individuals born on or after 1 January 2009. This initiative, previously supported by the Assembly but not passed before last July's general election, aims to reduce preventable illness and premature death related to smoking, the leading cause of these conditions in Northern Ireland.
Health Minister Mike Nesbitt called the bill "an innovative way to address this public health threat." However, some members of the House have expressed doubts about the legality of the measure in Northern Ireland, given the continued application of the EU Tobacco Products Directive as a result of the post-Brexit protocol. The Irish and Danish governments have previously indicated that, according to their legal advice, a phased tobacco ban would be incompatible with EU regulations.
Timothy Gaston, a member of Traditional Unionist Voice for North Antrim, pointed out that influential industry players could challenge the application of this law in Northern Ireland. He pointed to recent High Court rulings affirming the primacy of European law in the region. Claire Sugden, an Independent Unionist MSP for East Londonderry, added that while other parts of the UK can adopt decisive public health measures, Northern Ireland remains constrained by European directives without local democratic oversight.
In response, Minister Nesbitt cited Article 24(3) of the European Directive, which allows a Member State to ban certain categories of tobacco or similar products for specific public health reasons. He also clarified that it is the responsibility of the UK government to ensure that the Tobacco and E-Cigarettes Bill complies with the established regulatory framework.
The legislative motion passed with cross-party support, with the exception of People Before Profit (PBP). Gerry Carroll, PBP's representative for West Belfast, criticized the measure, saying prohibition is ineffective and leads to the clandestine sale of products without any regulation.
