Dáil debates

Thursday, 1 April 2010

2:00 am

Photo of Pat CareyPat Carey (Dublin North West, Fianna Fail)

I propose to take Questions Nos. 2 and 3 together.

My Department has received a large number of complaints regarding the operation of head shops and the new psychoactive substances being sold in these outlets. I covered many of these issues when replying to an Adjournment debate tabled by Deputy Ring last night. These range from letters from individuals, to correspondence in relation to motions passed by local authorities, to a copy of a public petition in the case of Roscommon town. My officials have also been made aware of such concerns through various meetings, including through a conference on "Legal Highs" organised by the regional drugs task forces, which was held at the end of January. I suspect a number of Members attended the conference in Mullingar. The number of head shops has increased significantly in recent times and it is estimated in excess of 100 such outlets operate in the State.

My colleague, Deputy Curran, when Minister of State with responsibility for the national drugs strategy, voiced concerns on a number of occasions regarding the activities of head shops and the legal highs and I very much share those concerns, which primarily relate to the potential health hazards arising from the use of these products and the possibility that their use may act as a gateway to the use of illicit drugs.

The National Drugs Strategy 2009-2016 includes two actions aimed at addressing the issues involved. As provided for under the strategy, the former Minister of State, Deputy Curran, held a number of meetings with the Ministers for Health and Children, Justice, Equality and Law Reform and Education and Science. He also met the Garda Commissioner and senior officials from various Departments and offices. Head shops and the sale of legal highs were discussed at many of these meetings, as were various approaches to addressing the activities of these outlets. While reading background information for Question Time, I noticed many meetings had been held with a range of agencies and groups.

Through the Misuse of Drugs Act 1977, the primary legislation through which these substances can be regulated, the Department of Health and Children is finalising regulations to introduce controls on a range of substances. These regulations will make the possession and sale of these substances illegal and subject to criminal sanctions. In preparing the required regulations, that Department is consulting the relevant authorities to ensure any legitimate uses of the substances involved are not impinged upon. Meanwhile, the Government has approved the commencement of a required notification process to the EU and it is envisaged that the regulations controlling the various substances will come into effect in late June, at the conclusion of the three-month process involved. As I stated last night, I assure the House this process will take three months and suggestions it will take longer are not correct.

Meanwhile, the national advisory committee on drugs was asked to carry out research in this area and this is under way. In addition, the activities of head shops are being closely monitored on an ongoing basis by An Garda Síochána and Revenue's Customs Service with a view to ensuring that no substances that are currently illegal are being sold. My Department has been in contact with the Attorney General about a range of approaches to the matter and a number of issues arising in that context are being considered at senior level within an interdepartmental framework.

I assure the Deputies that the issue of head shops and new psychoactive substances is of serious concern to this Government and to governments in many other countries, given the international nature of this problem. A number of countries have taken certain actions, each adapting their approach to reflect their own laws and experiences. However, no EU member state has come up with a comprehensive response thus far. I also assure the Deputies that I will continue to work with my ministerial colleagues in vigorously pursuing all viable approaches to counter the potential threats posed by head shops and legal highs.

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