Alan Shatter (Dublin South, Fine Gael)

I move amendment No. 2a:

In page 4, subsection (1), line 26, after "consumed" to insert "inhaled or ingested".

This amendment applies to the definition of "psychoactive substance". That definition would be amended by the insertion of both these amendments to read as follows: "psychoactive substance" means a substance, product, preparation, plant, fungus or natural organism which has, when consumed, inhaled or ingested by a person or applied to the body of any person" the capacity to produce certain effects as detailed in the subsection. This is an appropriate amendment to make in the context of some of the products that are available, and I urge the Minister to accept it. I do not propose to speak to the amendment at length because I am conscious of the limited time available to discuss the Bill.

However, as I have not yet contributed, I wish to make a particular point. In his contribution on Deputy Ó Snodaigh's amendments, the Minister made reference to the bringing of criminal prosecutions and the making of prohibition orders under the Bill in regard to the products concerned, and to the possibility of making a closure order. I wish to put down a marker in regard to an amendment we are unlikely to reach in the context of the products encompassed within this definition. There is an urgent necessity to close down head shops in order to bring to an end the open sale of these products and to do it as swiftly as possible. In that context, I am concerned about the procedure provided for in the Bill. While Fine Gael fully supports the taking of criminal prosecutions and we can see to some extent the benefit of prohibition orders - although the provision contained in the Bill as drafted is defective in that area - it is our view that we should short-circuit the route provided in the Bill in order to allow the courts to make closure orders in respect of premises providing the psychoactive substances we are dealing with under the terms of this definition.

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