Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I thank Deputy Ward for this important question. As the Deputy will be aware, and as I am from my past political life, the Department of Health leads on Government policy in the area of drugs, and this policy is guided by the national drugs and alcohol strategy which is called Reducing Harm, Supporting Recovery - a health led response to drug and alcohol use in Ireland 2017-2025. This strategy, while led by the Department of Health, endeavours to provide a whole-of-government response to this problem area in our country. Revenue's customs officers are responsible for monitoring and seizing importations of nitrous oxide into the State. Deputy Ward will also be aware that the Garda Commissioner is by law responsible for all enforcement operations by An Garda Síochána. I say that to be helpful.

Nitrous oxide has various legitimate uses - medical, non-medical and industrial - and, because of this, it is not currently a controlled drug under the Misuse of Drugs Act or under the international drug conventions.

However, under section 3 of the Criminal Justice (Psychoactive Substances) Act 2010, it is already an offence to sell, import or export a psychoactive substance for human consumption, including nitrous oxide. The Deputy may remember that this legislation is probably more commonly know as the headshop legislation which was brought in 2010 by the then Minister for Justice, Dermot Ahern. There is already an offence there which would include nitrous oxide if someone was seeking to sell, import, or export a psychoactive substance for human consumption. The purpose of that Act includes the prevention or the misuse of dangerous or otherwise harmful psychoactive substances and the provision of offences relating to the sale, importation, exportation or advertisement of those substances.

For example, the Act provides that a person who sells, or who imports or exports, a psychoactive substance, knowing or being reckless as to whether that substance is being acquired or supplied for human consumption, shall be guilty of an offence. This Act does not provide for an offence for personal possession.

A person who is guilty of an offence under this Act shall be liable on summary conviction to a fine not exceeding €5,000, or imprisonment for a term not exceeding 12 months, or both. On conviction or indictment, a person who is guilty is liable to a fine or imprisonment for a term not exceeding five years or both.

I have also been informed by Garda authorities that a number of significant seizures of canisters containing nitrous oxide have been made in recent years. I do not have specific data on that at the moment.

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