Brendan Kenneally (Waterford, Fianna Fail)

I would like to be associated with the good wishes that have been extended to Deputy Catherine Byrne on her elevation within Fine Gael. I wholeheartedly welcome this Bill. I congratulate the Minister, Deputy Dermot Ahern, on its introduction, which is not a moment too soon. Like the members of the public I am well aware from court reports and other sources that the problems presented by head shops and their despicable products are not easy to resolve. It is not easy to try to deal comprehensively and effectively with this new threat to society. The Minister has my sympathy as he faces his task of fine-tuning this Bill and keeping up with the ingenuity and inventiveness of those involved in this vile industry.

When a number of products were listed under current legislation as controlled substances, there was always a danger that other products would emerge in their wake. When the first batch of substitute quasi-legal substances were named as controlled substances, a number of shops around the country closed. However, some people immediately found a way around this and reopened their shops.

It is a huge challenge to try to control these substances. During the passage of this legislation, we must make every effort to close every loophole as the chemical formula of the drugs can easily be changed to allow them to come back on the market again. As it is easy to modify synthetic highs, it is almost impossible and fruitless to create an effective ban on a steady stream of products. Therefore, it is pointless to keep adding to the growing list of illegal substances. Accordingly, I am pleased that the Minister has decided to take another route. I am confident this will be successful. The new system, whereby the sale of any drug that is not licensed in some fashion in this State will be prohibited, is excellent. Alcohol, tobacco and animal remedies are already subject to licence and are dealt with under separate legislation. Any drug which is not licensed in the State cannot be legally sold here. I understand the system being used in the UK under its misuse of drugs legislation, which is similar to what we use here, is not at all effective against this threat. As a result, we must use this other route.

Having examined the Bill, I note it is an offence to import or export so-called "legal highs", but not to possess them. As it is an offence under present legislation to be in possession of hard drugs, I wonder why this does not extend to the present situation. For instance, if someone were to buy these new drugs off the Internet from a hidden location in Ireland, they would not be importing them. In such circumstances, it would appear that they are not breaking the law. However, if the drugs come across our borders, they will be covered. I ask the Minister to clarify this for the House.

I congratulate the Garda on its recent major successes in confiscating large quantities of drugs and apprehending major criminals to take them out of circulation. I often wonder whether this has had a bearing on the growth of the head shop phenomenon, which is an alternative to back street suppliers. I appeal to those who promote the nonsense that it is better for legal highs to be sold on the high street, rather than through the black market, to rethink their positions. We cannot condone any drug taking, outside of what medical professionals practice in their rehabilitation programmes. We have to get away from the notion that by putting head shops out of open business, we are driving the trade underground. The fact of the matter is that we cannot stand idly by while unscrupulous individuals put the lives of young and old people at risk. Although I accept that the purchasers source and take these drugs, that does not mean we should not take action to preserve the lives and health of our community.

I appeal to those normally upright citizens whose Saturday night dinner parties finish with a line of coke, or some other so-called "recreational" drug, to consider that they are as guilty as the furtive youths in derelict buildings. The only difference is in the manner of dress and career or profession. Each of these groups maintains the drug business in this country and is tainted by the murders, violence and extortion which are part and parcel of the drug trade. I am at a loss to understand why intelligent people who are successful in their careers and respected in their communities contribute to the drug culture as they do. I commend this Bill to the House.

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