Alan Shatter (Dublin South, Fine Gael)

I might respond in one sentence to that but I wish to deal with this amendment. In the context of the definition, this is the only time we are going to get to discuss it. I believe the amendment we propose is of some additional assistance in addressing the issue of being more specific as to the nature of the substance. I was hoping the Minister would support it but I will not delay the House by putting it to a formal vote because I want us to move on. As this is the only opportunity we will get to discuss this particular definition, like Deputy Rabbitte, I hope the advice the Minister is getting is correct. I want this Bill to succeed. I refer to the difference between the Minister and myself on the issue. He mentioned a more calibrated approach as he goes through criminal prosecutions and prohibition orders. I do not believe that approach will result in the closure of a single head shop this side of next Christmas. That is the problem and it is something we must deal with more urgently. I have urged the Minister to adopt the approach we have proposed.

The font of all wisdom in these areas does not rest in the Attorney General's office. There has been many a court case in which that has been established. I hope the definition of psychoactive substance is linked into the definition of consumption in a way that works. However, I wish to draw the Minister's attention to a reality with regard to the definition. This is where I hold concerns about the broad nature of it, not as a consequence of any briefing I have had from the offices of Sheehan & Co. Solicitors or anyone else, because I have had no such briefing from them, but in the context of the definition.

If we take the partial definition, "psychoactive substance" means a substance product or preparation that has the capacity to produce stimulation of the central nervous system or cause a state of dependence. Could alcohol not fall within that definition? Is that not the problem with that definition? I point this out in the context of my hope that the legislation is successful in achieving the Minister's objective but I have a concern in the context of this definition that it is unduly broad and that there is a need to make it more specific. In the short time we had available to us, we sought to do so by producing the amendment tabled. I have a concern that the definition is too broad, that this will give rise to legal difficulties and that the legislation contains so many calibrated avenues and road maps to be travelled that it will not achieve the Minister's objective. The objective should be to close down head shops that are selling products dangerous to young people.

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