Dáil debates

Friday, 2 July 2010

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

 

12:00 pm

Photo of John BrowneJohn Browne (Wexford, Fianna Fail)

I welcome the Bill before the House. It is very important legislation and will be of major help to parents and concerned citizens throughout the country.

Some people have criticised the slowness with which the Bill was brought before the House, but, as the Minister of State, Deputy Curran, stated, so many agencies and Departments are involved it was always going to take time to prepare the legislation. From the planning perspective there are the local authorities; in addition the Departments of Justice and Law Reform, Health and Children and the Environoment, Heritage and Local Government are involved, and it is probable that other Departments have input into the legislation.

In general, the Bill is welcome. Even in rural towns and constituencies, there has been a significant increase in the number of head shops which opened in recent months. They do not appear to have to abide by any regulations, whether involving planning, health, justice or any other issue. They just open willy-nilly and sell what they want to sell without any concern for the public.

Most of the head shops that opened in my town, Enniscorthy, were situated close to nightclubs from which up to 1,000 young people might emerge at 3 or 4 a.m. They stayed open although off-licences in this area close at 10 or 11 p.m and even the pubs close at a much earlier time. Head shops did not seem to have any closure time, however, and as a result many young people were attracted to them when they came from the discos, with alarming consequences for their health. It baffled me why, if an ordinary citizen wished to open a shop in Enniscorthy, Wexford or any part of the country, he or she had to get planning permission for change of use, for example, if a sweet shop was to become a clothes shop or a clothes shop change its use. A head shop, however, could open up and operate.

In recent months there has been tremendous publicity in the national media, in print and on television and radio, about the consequences of head shops and the lack of control over them. This has highlighted the problems faced by families. There were many public meetings of concerned parents, some of which I attended, as did most other Deputies. The families were crying out for this type of legislation and for politicians to take action. We brought these complaints to the Minister for Justice and Law Reform and other Ministers. The Minister, Deputy Ahern, listened and has now implemented this legislation.

Some Deputies have proposed changes to the legislation as it moved through the Houses. So be it. If Deputies on either side of the House have good recommendations or amendments to make, the Minister should listen and take them on board. It is most important that the legislation be watertight and that we would not have a situation whereby, when the Bill is implemented, the people concerned, who are well able to create new substances and new names that can be defined as legal, will be able to sell them under or over the counter. The Minister must ensure the legislation is watertight and easily applied, that the Garda will have the necessary powers to enforce it and that health personnel will have the necessary powers to investigate what is being sold, check whether it is legal or otherwise, and deal with it.

As the Minister of State, Deputy Curran, said, many young people see the word "legal" and think the substance in question is all right to use. However, just because something is legal does not always mean it is good for a person. There is not enough information on the Internet or otherwise about head shops, their products and the effects of the products, and this is of major concern to parents. It is not only the person who takes the drug who is affected and has problems; there is the wider effect on the family and friends. Relationships within families and among friends can be ruined and there can be a profound negative effect on the dynamics and functioning of families. Family conflict can develop between parents, the person seen as the legal drug user and his or her brothers and sisters and the wider family.

Many parents have expressed serious anger to me, and, I am sure, to other politicians, about the loss experienced when a person is seriously damaged by taking these drugs, and of their shame and disappointment. Evidence emerged in March of two friends in England, a Miss Wainwright and a Miss Smith, who died from the effects of methadrone. Many other deaths are being investigated which has left parents and families very anxious.

Councillors and politicians throughout the county have received representations from families on this issue, asking us why we were being so slow to close down the head shops. We now have the legislation and it is important that we move it quickly through this House and the Seanad to ensure it is in place as quickly as possible and that there will not be a situation where head shops are allowed to open on every street corner without any regulation, rules or requirement to report to the different agencies involved.

The Minister moved very quickly but there is one area I ask him to look at, which has been raised by different Deputies, namely, planning permission. This may not relate directly to the Minister for Justice and Law Reform; the Minister for the Environment, Heritage and Local Government should be able to implement planning regulations to ensure that people who want to open shops of any kind must apply for planning permission. To that end, the Minister, Deputy John Gormley must also have a say in this legislation.

It is evident that head shops celebrate and facilitate a culture of drug abuse and dependence in the same way as illegal drug operators do. It is made too easy for young people when there is a shop on every corner selling these substances very cheaply. Some people might never have taken these drugs if it had not been as easy as it is at present to acquire them, given the number of head shops throughout the country. The paraphernalia and products sold show how anti-social these establishments have become. It has been said that one head shop has opened every week in Ireland during the past year. This is an unpleasant reality but it is important to realise this is not only an Irish problem but worldwide. It is also important to recognise that the Minister has acknowledged the problem in this country. Ireland is probably the first country to try to deal effectively with this.

I fully support the Bill. I ask the Minister to ensure it goes through both Houses as quickly as possible. If spokespersons or any Deputies on either side of the House have any good amendments to propose, the Minister should consider taking them on board to ensure the Bill is as watertight as possible, and that it reflects the current concern of society, particularly that of parents.

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