Éamon Ó Cuív (Galway West, Fianna Fail)

I am aware of the activity of head shops and their sale of so called "legal highs", substances that can have effects similar to those of illicit substances but which are currently not scheduled under the misuse of drugs legislation. The control of drugs is regulated by the Department of Health and Children under the Misuse of Drugs Acts 1977 and 1984. Under these Acts the importation, exportation, production, supply and possession of a range of named narcotic drugs and psychotropic substances are regulated and controlled. The list of scheduled substances is kept under review on an ongoing basis. In particular, the Department of Health and Children reviews any evidence that substances are being abused and are causing significant harm to public health. Such reviews encompass EU decisions on any substances. For example, in March this year the EU found that Benzylpiperazine, which I will call BZP as it is shorter and easier, should be made a controlled substance with regulations applying commensurate with the potential harm involved. Accordingly, the Department of Health and Children will introduce the regulation of this substance by March next year.

As "legal highs" are currently not controlled substances, there is no authority under the misuse of drugs legislation to prevent their sale in head shops. However, the activities of these establishments will continue to be monitored with a view to endeavouring to minimise any risks involved, especially in regard to the potential that the substances involved might encourage experimentation with illegal drugs.

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