Pat Rabbitte (Dublin South West, Labour)

The Minister did not only hear about it. I told him about it and quoted from it on Second Stage. The Minister should not shake his head on this. I know he believes he has never been wrong about anything but I did raise this on Second Stage.

I would have thought it would have been essential for him to look at it to see how those representing the head shops view the legislation.

Deputy Ó Snodaigh touched on one main issue concerning the apparent vagueness of definitions used in the legislation. The Minister is not doing what his opposite number in the Britain is doing, namely identifying the characteristics that make up a particular product. Rather the Minister is defining it by its capacity to have mind-altering effects. On Second Stage, I described that as the most innovative part of the Bill. I commend it and hope it works. The point, however, I was drawing to the Minister's attention was that the lawyers advising the head shop owners believe it is too vague and open to challenge, instancing the jurisprudence that supports their contention. The Minister, meanwhile, is relying on messages transferred to him that the Attorney General is happy with the provision. There were arguments raised in the lawyers' document which merit an examination by the Minister and his faithful servants.

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