Police retract Facebook post on vaping seizures after legal error

Officers incorrectly stated they had powers to seize and destroy underage vaping products, despite the relevant law not yet being in force

The Isle of Man Constabulary has removed a Facebook post after it incorrectly stated that officers would be conducting stop and searches to seize and destroy vaping products found in the possession of individuals under 18-years-old.

The post, made over the weekend by the Northern Neighbourhood Policing Team, indicated that such enforcement action would be taken.

Manx Radio reported on the announcement the same day, highlighting the police's approach to tackling youth vaping.

However, while the Vaping Products Act 2024 does contain provisions granting the police such powers under Section 19, it has since been confirmed that this section has not yet been brought into effect.

As a result, the police do not currently have the power to carry out these actions.

In response to a request for clarification, Public Health Isle of Man confirmed to Manx Radio: "The Department of Home Affairs and Public Health are working together to develop the necessary policies required to bring Section 19 of the Vaping Products Act 2024 into effect."

It’s understood the Northern Neighbourhood Policing Team deleted the post after being informed of the misjudgement by a member of the Legislative Council.

The Isle of Man Constabulary has now issued a statement acknowledging the situation, explaining: "The legislation came into effect and in good faith our officers have posted around specific sections of it which we are now briefed is not fully enacted."

Public Health and the Department of Home Affairs statement in full:

"The powers of search and seizure contained within the Vaping Products Act 2024 were considered by the legislative branches during the passage of the Bill, which concluded on 19 December 2023, and reflect existing provisions in relation to the seizure of tobacco updated to include modern safeguards. The introduction of the Bill followed a public consultation.

"The Bill received Royal Assent on the 21 May 2024, and an Appointed Day Order brought into operation the majority of the Act within the following four months, with the exception of sections 4 and 19.

"The Department of Home Affairs and Public Health are working together to develop the necessary policies required to bring section 19 of the Vaping Products Act 2024 into effect. 

"Before these Police search and seizures powers are brought into effect, a code of practice for how the powers can be applied is being prepared by the Department.

"Once this work has been completed, Public Health will progress an Appointed Day Order to ‘switch on’ the relevant section of the Vaping Products Act 2024. 

"There will be a public consultation and finalisation of the Code of Practice before either of these documents are progressed to Tynwald. There is no planned date for this at this time."

The Isle of Man Constabulary's statement in full:

"The Constabulary have worked with Public Health and other agencies to develop strategies to educate and mitigate risk to young people through the use of Vapes.

"The legislation came into effect and in good faith our officers have posted around specific sections of it which we are now briefed is not fully enacted.

"Work is ongoing with partners to develop an appropriate code of practice which will go through the appropriate consultation and approval process that will allow specific sections to be enacted.  

"In the meantime, the Police still have the opportunity to utilise other legislation to carry out enforcement activities relating to other offences where the grounds for suspicion exist."