Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source

Táim sásta deis a fháil caint ar an reachtaíocht thábhachtach seo. De bharr chás a tógadh i gcoinne stádas Bunreachtúil an Achta Um Mí-úsáid Drugaí 1977 rialaigh an chúirt nach raibh sé ag teacht leis an mBunreacht. Ag teacht uaidh sin tá na céadta substaintí a bhíodh mídhleathach dleathach anois. Tá an Bille leasaithe seo os comhair na Dála anocht le cinntiú go gcuirfear cosc arís ar na drugaí seo, drugaí atá baolach agus dainséarach do shláinte daoine go haonarach agus don tsochaí ar fad. Beimid ag tacú leis an mBille seo.

Today the Court of Appeal delivered a decision declaring section 2(2) of the Misuse of Drugs Act 1977 to be invalid. The section allowed the Government, by order, to designate certain substances as "controlled drugs". The Misuse of Drugs Act 1977 regulates the import, export, production, supply and possession of a range of specified narcotic drugs and psychotropic substances. Substances are scheduled under the Act in accordance with Ireland's obligations under international conventions and where there is evidence that they are causing significant harm to public health in Ireland. The list of scheduled substances has been kept under review. Action is taken in cases where evidence emerges that substances are being abused and are causing significant harm.

The legislation was challenged in 2012 on the basis that the Government did not have the power under the primary legislation to deem a substance to be a controlled drug. Therefore, it is not now an offence to be in possession of certain head shop drugs since they are not deemed to be controlled drugs. Moreover, the order of Government which made them illegal is now invalid. Ecstasy, ketamine and crystal meth fall under the reclassification and are, therefore, some would have it, technically not illegal as we speak. Drugs had been controlled under the Misuse of Drugs Act 1977 with a Schedule listing the drugs. Section 2 of this Schedule allowed the Government to add new drugs such as ecstasy, benzodiazepines and so-called head shop drugs. Over 260 other drugs, that were termed "legal highs" have been banned in this way.

The fact is that hundreds of substances that were banned are no longer banned as of this morning's court decision. These substances are harmful, known to be a danger to public health and are being misused. I note, however, that the Minister has emphasised that the supply, sale, import and export of ecstasy and other new drugs remains illegal. This legislation will restore the situation that existed prior to this constitutional challenge. It is essential. We should remember that this judgment has no implications for the approximately 125 substances, including cannabis, heroin and cocaine, that were banned by the primary legislation in 1977.

I hope the Bill will pass without delay through the Dáil this evening and the Seanad tomorrow and will then be signed by an tUachtarán with appropriate haste. This must happen to ensure that those who might attempt to sell or consume these dangerous substances are in no doubt of the stance of all legislators regarding these substances.

The Misuse of Drugs (Amendment) Bill 2015 will amend the Misuse of Drugs Act 1977 to incorporate substances which had been prohibited by order of Government over the years since its enactment. It will include substances previously listed in Government orders within the Schedule to the Misuse of Drugs Act 1977. A further six statutory instruments listed in Schedule 2 which had been made under section 2(2) of the 1977 Act will be deemed to have effect.

Section 1 inserts into the Misuse of Drugs Act 1977 the substances listed in the Schedule to this Bill. Section 2 allows the Oireachtas to confirm certain statutory instruments as if they were valid and enforceable Acts of the Oireachtas. Section 3 provides for the legislation to commence as of the date immediately following the date of its passing. It is stated that there are no financial implications arising out of this Bill. Schedule 1 contains almost seven pages listing substances and types of substances that are to be banned. Schedule 2 lists confirmations of certain statutory instruments.

In 2010, measures were introduced in Ireland to ban the sale of legal highs. The Psychoactive Substance Bill gave gardaí the power to seek court orders to close head shops suspected of selling banned substances. Despite this, however, there appears to have been substantial loopholes in the legislation which many of the drugs awareness groups have highlighted in the intervening years. The main loophole is whereby manufacturers simply re-modify the chemical structure of their products to circumvent the law.

In May 2010 we adopted legislation that banned more than 200 legal highs that had been on sale in head shops and over the Internet, which effectively closed many head shops by prohibiting specific drugs. This meant that the import, export, production, possession and sale of the substances listed became illegal and subject to criminal sanction. More than 4.5 tonnes of drugs worth tens of millions of euro were removed from head shops in a Garda operation following the ban. However, many substances are still available online, and a lucrative illegal market in head shop drugs has emerged. This problem has yet to be properly tackled by the Government. While this is not the issue before us this evening, it is a good opportunity to ask the Minister what will now be done to deal with the substances that have so far managed to escape control.

In regard to the legal status of so-called legal highs in this State, the main loophole used by the suppliers of these legal highs is that some substances are not specifically declared "controlled drugs" under the Misuse of Drugs Act 1977. Many of these substances have not been tested on humans or animals. The creators of such products often produce slightly altered versions of the substances as soon as they are declared illegal, making it very difficult to crush this underground trade. Another loophole is the fact that some of these products are labelled as being for animal or plant consumption, and the suppliers very clearly state in all their disclaimers that the products are not for human consumption.

Legal high drugs are often designed to mimic the effects of non-legal drugs and are sold as such. I will now examine some of these substances, the awful affects they can have and the reasons for banning them. These substances undergo little quality control, if any. They can be adulterated with any other kind of substance, and little is known about their strength or side-effects. One example is salvia, which is sold as a legal alternative to ecstasy and advertised as "incense" or "herbal ecstasy". Salvia is a stimulant and hallucinogenic drug and is sold in dry leaf form which is generally smoked. Effects can vary from mild to full-blown psychedelic hallucinations. There are reports that it can trigger psychotic episodes, especially in young people and people with underlying mental health issues. Synthetic cannabinoids are designed to mimic the effects of the psychoactive ingredient in cannabis. Harmful effects can include paranoia and memory loss. Prolonged use can be harmful to people with underlying mental illness, including schizophrenia. Lack of consistency in the contents of these legal highs can also damage the health of abusers. Amphetamines are regularly advertised as "plant feeders" or "bath salts". There have been reports of convulsions, raised heart rate, raised blood pressure and hypothermia in people who have ingested these substances. Effects of other substances include hallucinations, increased blood and heart pressure, nausea, de-realisation, itchiness, sweating, lucid dreaming, psychosis, and muscle and joint pain. This is before we start to talk of flashbacks, withdrawal, subsequent psychosis, mental health problems, the financial strain of addiction and the social problems that ensue. Taking legal highs can be particularly damaging for those who suffer with mental health issues, including depression and anxiety. Some drugs can initiate or worsen mental health problems, including schizophrenia in particular. We have heard of the practice of injecting substances marketed as "bath salts". This practice carries all of the risks associated with injecting heroin, especially if needles are shared. The risk of blood clots is also particularly high.

My colleague Deputy Aengus Ó Snodaigh, in his former role as Sinn Féin justice spokesperson, personally picketed head shops in his constituency. This was due to a tragic case involving a young man who had taken magic mushrooms. It was said that, at that stage, new so-called legal highs were being developed at a rate of two every month. My colleague Ms Martina Anderson MEP proposed a stringent substance control model for head shops in the Six Counties, involving the establishment of an independent authority that would be tasked with regulating the import, production and sale of all psychoactive substances. The authority would work with the existing drugs bodies and the Department of Health, Social Services and Public Safety to introduce and enforce a licensing system under which substances could be quickly identified and then restricted or prohibited, as appropriate. Can the Minister advise when responding if there is any intention to further improve legal controls on head shop substances here?

I have recently indicated my strong support for the appointment of a junior Minister with responsibility for drugs. I have concerns regarding the inadequacy of the way in which the State deals with drug abuse. The present Government is the first in 21 years without a Minister with responsibility for drugs. The appointment of a junior Minister in this role would be very much welcomed. I call on the Minister or the Taoiseach to clarify whether there will be a junior Minister with this responsibility, presumably appointed to both the Department of Health and the Department of Justice and Equality, and when this will occur.

I recently secured the agreement of the Oireachtas Joint Committee on Health and Children to address the issue of legal highs, mindful of the deaths that have occurred consequent on the use of these substances, not only in Ireland but on a European basis. As I speak here in the Dáil this evening, I am mindful of the death of a young man in my home town of Monaghan. His death was a terrible loss to his mother and his family, to his community and to the town we love so well. I want to record my admiration and support for his mother, Sharon McQuaid, and to pledge every support to her and to the wider community in its efforts to have these so-called legal highs banned and driven from our midst. P. J.'s tragic death was followed soon after by another young man's sad passing. I remember also Michael Power, and once again this evening extend my sympathy to his father and to all the Power family.

Getting back to today's ruling and its consequences, I wish to record my concern about the possibility that perhaps dozens of people who are before the courts on charges of drug dealing and possession will have their cases dismissed. Can the Minister clarify this further vexed development? Is the Minister sure that the provisions in this Bill are adequate to ensure this debacle will not occur again? This debate was sprung upon us. However, we as legislators, and the present Government in the first instance, must address the damage being done to society by drugs. We must ensure that we legislate effectively and endeavour to be always one step ahead of these purveyors of death. Legal highs present a clear danger to society, and experience has shown that new psychoactive substances are emerging every week. Legislation must be rigorous and we must ensure that no further loopholes exist. I know this is not just a significant problem in our cities and larger towns.

It is a scourge in my constituency and in rural constituencies across this State. I urge all Ministers and colleagues of all views in the House to support the Bill and ensure its successful passage into law as speedily as possible.

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