Mary Harney (Dublin Mid West, Independent)

We banned BZP pills and magic mushrooms and I recall being the subject of heavy criticism from a journalist at the time for so doing. To introduce regulations of this type one needs strong legal and pharmaceutical regulations. This remains the position. As I have stated in the House previously, the only way to deal with this issue is through the introduction of catch-all legislation by the Minister for Justice, Equality and Law Reform. I understand that, following the meeting with his counterpart in Britain yesterday, the UK Minister with responsibility for justice will consider doing the same. I am aware from my colleagues that every European country has serious issues with these substances. As soon as one substance is banned, a similar product comes on the market. There is no way through legislation on medical products or through the banning of particular substances to get ahead of the curve. This is why the catch-all legislation giving the Garda specific powers and prosecuting this as a civil matter is a better approach. This would mean a case is decided on the balance of probabilities rather than reasonable doubt and, therefore, a good deal easier to get prosecutions or convictions.

I am unsure how many headshops are open. The issue is not the number of shops open but a question of what is sold in those shops. Clearly, the intention is to pass the justice legislation before the summer recess. The debate on the matter will begin in the Seanad today or tomorrow.

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