Brian Cowen (Laois-Offaly, Fianna Fail)

On the question of banning certain products or substances, under the Misuse of Drugs Act it is proposed to introduce controls on a broad range of substances, which would make the possession and sale of these substances illegal and subject to criminal sanctions. The draft regulations have been notified to the European Commission under the relevant technical standards directives. This is a requirement as controls under the Misuse of Drugs Act involve a restriction on trade.

In preparing the required regulations the Department of Health and Children consulted the relevant authorities to ensure that any legitimate uses of the substances involved are not impinged upon. Four years ago, the Minister for Health and Children banned magic mushrooms and their possession and sale are now illegal. Similar action was taken on 31 March last year to control and criminalise the possession and sale of BZP.

Banning substances is an important and necessary step and one of a range of interventions needed to tackle the issue. We are also working on a cross-departmental group with the Attorney General to ascertain how best to draw up legislation that would be watertight and not subject to constitutional challenge. We are also working in a cross-departmental group with the Attorney General to see how best to draw up watertight legislation that is not subject to constitutional challenge.

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