Dara Calleary (Mayo, Fianna Fail)

I am taking this Adjournment matter on behalf of my colleague, the Minister for Health and Children, Deputy Harney, and I welcome the opportunity provided by Deputy Clune to make a statement to the House on the issue of head shops.

The Misuse of Drugs Act 1977 and regulations made thereunder regulate and control the import, export, production, supply and possession of a range of named narcotic drugs and psychotropic substances listed in the Schedules to the Act. Substances are scheduled under the Act in accordance with Ireland's obligations under international conventions or where there is evidence that the substances are causing significant harm to public health in Ireland.

Items for sale in the so-called head shops, such as those referred to by Deputy Clune, and which often are referred to as legal highs, are substances which are not controlled at present under the misuse of drugs legislation. The list of scheduled substances is kept under ongoing review and in particular any evidence that solicitors are being abused and are causing significant harm to public health is reviewed. For example, in 2006, psychotropic or magic mushrooms, which were on sale in such outlets, were banned and their possession and sale now is illegal. On 31 March 2009, BZP was similarly subjected to legislative control measures and criminal sanctions.

The Government has concerns about the growth in the number of head shops, their activities and the health risks associated with some of the products sold. The issue of head shops also is of concern throughout the European Union and all member states are considering how to address the issue. However, no EU member state has come up with a comprehensive response thus far. Under the national drugs strategy, which was published by the Minister of State, Deputy Curran, on 10 September 2009, it is intended to monitor the activities of head shops and all businesses involved in the sale of psychoactive substances with the objective of ensuring that no illegal activity is undertaken. It also proposes that steps be taken to reform legislation in this respect where it is deemed to be appropriate. To this end and under the aegis of the national advisory committee on drugs, a research advisory group has been established to identify possible options for the regulation of head shops. The Departments of Community, Rural and Gaeltacht Affairs, Justice, Equality and Law Reform, Health and Children, Revenue's Customs Service and other relevant statutory agencies are actively participating in this process.

Legislation was introduced in the United Kingdom immediately before Christmas to control a number of substances and groups of substances that have been on sale in head shops. The Department of Health and Children, which has statutory responsibility for the drafting of misuse of drugs legislation, is currently reviewing that legislation to ascertain how similar controls could be introduced in Ireland. I also will bring the Deputy's specific experience today to the attention of the relevant Minister.

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