Dáil debates

Friday, 2 July 2010

Criminal Justice (Psychoactive Substances) Bill 2010 [Seanad]: Second Stage

 

12:00 pm

Photo of Darragh O'BrienDarragh O'Brien (Dublin North, Fianna Fail)

I also congratulate Deputy Catherine Byrne on her elevation to the Fine Gael Front Bench. I wish her well in her new post.

This Bill, in the context of how it relates to communities, is one of the most crucial that has been introduced in the House. I first became aware of the matter to which it relates some two years ago in the town of Balbriggan in my constituency. At that time, I and three very committed members of Balbriggan Awareness of Drugs, BAD - Paddy O'Shea, Liz Fanning and Brian Kinane - met the then Minister of State at the Department, Deputy Curran, to discuss this issue. In the interim, the problem of head shops has snowballed and such establishments have opened in Swords and Malahide, which are also in my constituency.

The Minister and his staff must be commended on their ingenuity and on their ability to think outside the box in drafting this legislation. Everyone understands that simply banning substances as they emerge does not work. When passed, the Bill will have the effect of providing the Garda with the powers it requires to seek orders to shut these shops down. That is an extremely important development.

Like other Members, I have attended many meetings at which the issue of head shops was discussed. I have met many fathers and mothers whose young teenagers, in the main, have suffered serious side effects and, in particular, changes in their personalities as a result of taking these substances. As Deputy O'Rourke stated, such substances were previously referred to as offering legal highs. How, therefore, could parents explain to their teenage children that they should not take these substances, particularly when they were being sold legally?

I disagree with the argument that the closure of so-called head shops will mean that the substances to which I refer will now be sold by drug dealers and those in the illegal trade. It is not possible to impose controls on a trade whereby teenagers can go into shops and purchase these cleverly-packaged products over the counter. These substances are much more than gateway drugs.

It is crucially important that we shut down the ease of access to them.

It would be remiss of me not to mention the phenomenal community effort that has been made by people across the country. I have attended a number of marches in my constituency. The Malahide Justice and Peace group led a campaign to close head shops in Fingal, elsewhere in Dublin and throughout the country. People gave immense amounts of time to groups all over Ireland because they were concerned for their communities. The introduction of this legislation shows clearly that grass roots efforts can lead to work being done in this House to protect communities.

At a meeting of the Committee of Public Accounts a couple of weeks ago, I took the opportunity to ask the Garda Commissioner, Fachtna Murphy, whether the Garda is prepared to enforce the measures in this Bill. He warmly welcomed the measures in the legislation and assured me and my committee colleagues that the Garda will not delay in seeking closure orders to shut these shops for once and for all. Deputy Ó Snodaigh mentioned earlier that people will be inventive as they try to overcome these measures. I do not doubt that this legislation will be challenged in court. It will be a moveable feast.

This Bill will shut down the head shops, but we will have to keep our eye on the ball. The problem with the proliferation of so-called "legal highs" is that it gives people the impression that drugs are okay. Everyone knows it is not okay to buy drugs on a back street. Those who openly sell drugs in shops in Malahide, Swords, Balbriggan and elsewhere pay rates, rent and staff. They need to be completely shut down.

I am delighted this legislation will be enacted before the summer recess. It is one of the most important Bills to be introduced as part of the efforts of the Oireachtas to protect communities. I congratulate the officials in the Department of Justice and Law Reform, the Office of the Attorney General and the Garda Síochána who were involved in compiling this legislation. Other European countries are giving consideration to copying it. Ireland will be the first country in the EU to impose a complete ban on head shops. That has to be welcomed.

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