Thomas Pringle (Donegal South West, Independent) | Oireachtas source

I move amendment No. 1:

In page 5, between lines 8 and 9, to insert the following:

"1.(1) Section 2 of the Misuse of Drugs Act 1997 is amended as follows:(a) subsection (2) is replaced with the following---

"(2) The Government may only declare a substance, product or preparation (not being a substance, product or preparation specified in the Schedule to this Act), to be a controlled drug for the purposes of this Act if the declaration is presented before the Oireachtas and is subsequently passed by the Oireachtas.",

(b) subsection (3) is replaced with the following---

"(3) The Government may declare that the provisions of this Act shall not apply in relation to a substance, product or preparation specified both in the Schedule to this Act only if the declaration has been brought to the Oireachtas and subsequently passed by the Oireachtas.",

(c) subsection (4) is deleted.".

This amendment is an attempt to amend section 2 of the 1977 Act by inserting new subsections to allow for the Oireachtas to pass the declaration in regard to the control of substances that is proposed under the Bill. The Minister stated that primary legislation has to be brought forward but this legislation is necessary in the interim period while we wait for that legislation to be brought forward. This amendment attempts to deal with that issue and ensure that the operation of banning substances in the future can continue. That is vitally important in the interim period. As I understand, it declarations will have to be prepared anyway for the statutory instrument to be drafted within the Department. The purpose of this amendment is to provide for that to be brought before the Houses in order that it can be voted on and passed if a substance is to be banned in that interim period.

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