Dáil debates

Friday, 2 July 2010

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

 

12:00 pm

Photo of Cyprian BradyCyprian Brady (Dublin Central, Fianna Fail)

I very much welcome the opportunity to contribute on this Bill. Not only is it an urgent requirement, it is a critical piece of legislation. My experience in the constituency of Dublin Central tells me that in a very short space of time a very lucrative business built up, fooling people in general and young people in particular into taking so-called legal highs. It is a very sinister development. This legislation, in conjunction with other measures already put in place and those planned, will ensure that our young people, in particular, are protected from from these sinister substances.

The Bill makes it an offence to sell, import or export unregulated psychoactive substances for human consumption. A welcome development in regard to this legislation is that the traders who sell these substances can no longer hide behind the sinister practice of selling substances as plant food, bath salts or incense when it is patently obvious to them that the substance they sell will be consumed in some form, whether smoked, injected, inhaled or swallowed.

We have had head shops in Dublin Central for the last 15 years. They quietly did their business and there was never an issue with them, but over the last two and a half years, there has been an explosion of them. At one stage we had four. We then went to 17 and we ended up at the start of this year with over 30 in my constituency. These 30 shops were open all hours every day and quite a number of them were adjacent to primary and secondary schools. Others were adjacent to pubs and nightclubs, where young people gather in big numbers. There was obviously much thought put into the siting of many of these head shops. The shops would not have worked in some areas, but their owners certainly picked sites and premises they knew would work. Anecdotal evidence exists about the money which passes through these premises. It is a huge business.

This Bill gives the Garda Síochána the opportunity to take firm and direct action on the illegal sale of substances. It gives the power to the Garda and to the courts to close unscrupulous traders who ignore a notice to cease. They do that by means of prohibition and closure orders. That is a direct power given to the Garda to take firm and direct action.

Numerous groups and organisations, schools and different church groups have come to me and other public representatives in my area to speak about the harm these shops are causing. There was a deliberate targeting of young people for the sale of some of these substances. There were queues of young people outside premises in my area in the early hours of the morning trying to buy them. Word of mouth spreads very fast in a young community even without advertising. Leaflets were later sent around houses offering delivery services. Other anecdotal evidence suggested that vehicles were being used to deliver substances to various different locations around the north inner city.

The worrying aspect about all this was that by promoting so-called legal highs, it misled people into thinking that the substances are safe to use. People who would not ordinarily get involved in taking any kind of stimulant other than alcohol took these substances even though they had no idea what effect it would have on them. Those who are unfortunate enough to be addicted to drugs in the first place were taking substances in conjunction with illegal drugs and this had serious implications for their health. People who were trying to get rid of their habit were under constant pressure because these shops were open at all hours of the day and night selling these mind altering substances. One head shop was within 20 yards of a major drug treatment centre in the north inner city. People who had received their methadone treatment and carried out their tests were walking straight across the road into a head shop to buy other substances.

The problem with many of these substances related to a complete lack of information on the ingredients, the provenance of the products and their effects. There is absolutely no quality control and a totally misleading system of labelling. There is no acceptance by those who are selling these products that there are dangerous consequences for the people to whom they sell. We spend millions of euro developing medical products in this country and the pharmaceutical industry is one of our biggest employers. Huge sums of money are put into research and development, testing and control of these substances, yet people can make a phone call and order for delivery a substance the effects of which nobody knows. That is quite ironic.

This Bill will help solve a lot of these problems, along with other measures that must be in place. The listing of further substances under the banned substance list at the Department of Health and Children is crucial. We are spending €250 million per year implementing the drugs strategy. There are five pillars to the strategy, and these pillars include rehabilitation, education and policing. We are spending all this money on protecting our children from drug abuse, yet these people have been able to come in and sell mind-altering substances indiscriminately. That is why I welcome the Bill.

A multifaceted approach must be taken to this. In his opening remarks, the Minister mentioned the different Departments working closely with the Office of the Minister for Drugs, the National Advisory Committee on Drugs, the Garda Síochána, Customs and Excise, the forensic science laboratory, the Irish Medicines Board and the Health Research Board. All these State agencies are involved in trying to ensure that our young people are not left open to abuse by unscrupulous people who will literally sell them anything at any time of the day or night, will charge them dearly for it, and will not acknowledge that there are mental health consequences, physical health consequences and social consequences for their families and their wider communities. There is no recognition of that.

This is Bill is crucial in ensuring that the illegal sale of mind-altering substances is kept tightly under control, is tackled head on and that communities do not suffer as a result.

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