Dermot Ahern (Louth, Fianna Fail)

Deputy Shatter raised the issue about the definition of a psychoactive substance in section 1. He maintains the reference to the capacity to produce stimulation or depression or to cause a state of dependence could include alcohol. However, alcohol is specifically excluded in section 2(1)(c) which refers to intoxicating liquor within the meaning of section 77 of the Licensing Act 1872. I suggest alcohol cannot be taken to be a psychoactive substance based on the legislation as drafted.

I refer to what I have termed the calibrated response in respect of the civil procedure. I am unsure whether I took up the Deputy's point correctly. There are two aspects to this approach. First, the criminal offence of selling a psychoactive substance and being reckless in respect of whether that substance is being acquired or supplied for human consumption. The legislation indicates those involved shall be guilty of an offence. Reference is also made to importation etc. That is a criminal offence under the Bill. Second, there is a civil procedure. It is not the case that one begins with a criminal offence and then proceeds to a civil procedure. The Deputy is probably aware of this but I make the point in case anyone examining the Deputy's last comments might believe the measures were based on a criminal conviction initially.

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