James Reilly (Dublin North, Fine Gael)

I welcome this important Bill. In regard to the flaws identified by my colleague, Deputy Shatter, I am concerned to know how it will address the sale of these products over the Internet. This is a major issue in respect of psychoactive substances and other drugs sold in this country. I have previously warned people about the issue because even antibiotics and long-term antidepressant medicines purchased over the Internet lack quality control.

The big problem, however, is the length of time it has taken the Government to act. Deputy Feighan raised the issue by way of parliamentary question in April 2008. Head shops were allowed to proliferate because of the Government's lethargy. I am the first to admit that legislation of this type is difficult to draft but two years is a long time to wait. During these two years, there has been at least one death involving a 19 year old woman from Kildare who died from a combination of head shop products and other illegal substances. A number of people have also been admitted to hospitals with psychiatric disturbances as a consequence of these products and some of these individuals will have lifelong sequelae.

Subsequent to the ban introduced by the Minister for Health and Children, the number of head shops fell to 33. This figure increased to 36 in the following week and to 48 more recently before dropping back to 44. We called on the Minister to issue a directive while this Bill was being prepared so that all substances sold in these shops would require approval by the Irish Medicines Board and the Food Safety Authority of Ireland. This would have put the onus on the head shops but, in case they found a way around these restrictions, we also urged the Minister for the Environment, Heritage and Local Government to issue a directive bringing them under planning regulations or dictating their hours of opening so that they could not stay open all night or provide home delivery services. It is outrageous that one can have illicit substances delivered to one's door at any time before 4 a.m. when we have tight laws to control substances like alcohol. Planning regulations could have prohibited the shops from opening within 10 km of schools, pubs or clubs. This would have gone a long way towards stopping their proliferation.

I acknowledge this is a substantial Bill which will address the problem, particularly if the amendments proposed by Deputy Shatter are accepted. However, several opportunities were missed in the time it took to prepare the legislation.

The Minister for Justice, Equality and Law Reform correctly noted that because these shops are legal, people who otherwise would have noting to do with illicit drugs believe it is safe to consume the products they sell. Nothing could be further from the truth, however. These are deadly substances with horrendous consequences. They have resulted in at least one death and a greatly increased incidence of illness and demands on our health services, particularly at weekends. Dr. Chris Luke and other emergency department specialists have complained about the increased workload and dangers these substances cause.

There were significant public protests in my constituency after head shops were opened in Balbriggan and Swords. Deputy Catherine Byrne is correct to point out that the Government only reacts to public pressure and is never proactive in dealing with problems when it sees them coming down the line. I hope this Bill enjoys a smooth passage through the House. It will receive co-operation from this side of the House because these shops are a scourge our society can do without.

The wider scourge of drugs and crime remains a major issue. Deputy Shatter referred to the claim by a previous Minister for Justice, Equality and Law Reform, Michael McDowell, that gangland crime was only the sting of a dying wasp. However, while our bees might be endangered, there is little sign of the death of this wasp. I hope we will see further legislation to control drug crime, murder and the drugs trade, which is wreaking havoc in society.

At a time of economic depression and high unemployment, many people are losing hope and turning to alternative sources of solace. Rather than considering alcohol and drugs as solutions to their problems, I ask them to consider exercise, community activities and the next general election, when a change of Government will offer them a real prospect of jobs and livelihoods.

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