Dermot Ahern (Louth, Fianna Fail)

I do not want to denigrate the work of the National Advisory Committee on Drugs, which I understand is currently conducting research on head shop products. Obviously its expertise is and will continue to be used by the Department of Health and Children in banning substances under the Misuse of Drugs Act. However, with regard to criminal prosecution, as the Deputy can see from section 3, proof is based on a certificate of analysis from a laboratory that shows the presence of a specific product. The effects of substances on the people involved must obviously be proved by evidence, particularly from medical personnel.

As new psychoactive substances are coming on the market on a daily basis from places as far away as China, we have included in the legislation provisions I feel will be used much more often, including the procedure under which the Garda may serve a prohibition notice which, if not complied with, can be the subject of a court order the breaching of which is a criminal offence. The court can subsequently impose a closure order on a premises. Having considered this, we believe these provisions, which are based on legislation in other areas, particularly that of food safety, will work properly.

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