James Reilly (Dublin North, Fine Gael)
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Question 36: To ask the Minister for Health and Children her views on the adequacy of her response to the import, production, sale and supply of dangerous headshop products; her further views on the fact that persons continue to be put at risk as new legal drug substances, such as Whack, the cocaine substitute, Amplified, and other new drug products enter the market; if she will confirm that legislation to ban the sale and supply of such products will be introduced before the summer recess; and if she will make a statement on the matter. [26181/10]

Deputies:

I reject the suggestion the Government's handling of the issue of so-called "legal highs" has been inadequate. In light of the health risks associated with these products, the Government made an order on 11 May 2010 declaring a large number of substances, commonly referred to as "legal highs", to be controlled drugs under the Misuse of Drugs Act 1977, with immediate effect.

Deputies:

Approximately 200 individual substances were controlled by this legislation. The substances controlled include synthetic cannabis-type substances, contained in Spice products, BZP-related substances sold as party pills, mephedrone and similar substances sold as bath salts or plant food and GBL and 1,4BD, often referred to as liquid ecstasy.

Deputies:

It is now a criminal offence for a person to import, export, produce, supply or possess these legal high substances. Possession and supply are subject to serious criminal sanctions of up to seven years imprisonment and/or a fine for unlawful possession and, on indictment, up to a maximum of life imprisonment for unlawful supply.

Deputies:

These regulations have had a significant impact on headshops, removing the majority of their products from the market, and, as a consequence, a large number of such shops have closed.

Deputies:

The Government has always acknowledged attempts would be made to circumvent these regulations. Since these substances were brought under control, other substances have been coming on to the market that are not subject to controls under the Misuse of Drugs Act. My Department is working closely with the Department of Justice and Law Reform, the Garda, the Customs Service, the Forensic Science Laboratory, the Irish Medicines Board and others to monitor closely the emergence of new psychoactive substances. I will not hesitate to seek Government approval to ban additional substances if any of them poses a risk to public health.

Deputies:

Initial analyses indicate the products Whack and Amplified contain new cocaine-type substances. As these substances have anaesthetic effects they fall within the scope of the medicinal products legislation. These products do not hold licences from the Irish Medicines Board or the European Medicines Agency. The Irish Medicines Board has been visiting head shops and removing these products from the market. The board has also been removing several other products from headshops which are known to contain medicinal products.

Deputies:

Last Friday, the Minister for Justice, Equality and Law Reform published the Criminal Justice (Psychoactive Substances) Bill 2010. The Bill will make it a criminal offence to sell or supply substances which may not be specifically controlled under the Misuse of Drugs Acts but which have psychoactive effects.

James Reilly (Dublin North, Fine Gael)
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The Minister's rejection of the claim that the Government's response to headshops has been inadequate is astounding. Deputy Feighan raised the matter of headshops in the Dáil in April 2008, over two years ago, yet we have had to wait until 18 May 2010 for some action on banned substances. This has been a lethargic approach. How many of our young people have been damaged as a consequence of this approach? Yesterday at an inquest, the coroner identified that a 19 year old girl in County Kildare died from a combination of heroin and products bought in headshops.

Members have raised the matter numerous times, asking for several initiatives to be taken. The forthcoming legislation from the Minister for Justice and Law Reform is to be welcomed. The HSE confirmed during a meeting of the Joint Committee on Health and Children that 36 headshops were operating in the State. A parliamentary question has revealed that by 10 June this number increased to 48. How many are open now? How many have re-opened? Can the Minister guarantee the House that this legislation will be enacted before the summer recess?

Mary Harney (Dublin Mid West, Independent)
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We banned BZP pills and magic mushrooms and I recall being the subject of heavy criticism from a journalist at the time for so doing. To introduce regulations of this type one needs strong legal and pharmaceutical regulations. This remains the position. As I have stated in the House previously, the only way to deal with this issue is through the introduction of catch-all legislation by the Minister for Justice, Equality and Law Reform. I understand that, following the meeting with his counterpart in Britain yesterday, the UK Minister with responsibility for justice will consider doing the same. I am aware from my colleagues that every European country has serious issues with these substances. As soon as one substance is banned, a similar product comes on the market. There is no way through legislation on medical products or through the banning of particular substances to get ahead of the curve. This is why the catch-all legislation giving the Garda specific powers and prosecuting this as a civil matter is a better approach. This would mean a case is decided on the balance of probabilities rather than reasonable doubt and, therefore, a good deal easier to get prosecutions or convictions.

I am unsure how many headshops are open. The issue is not the number of shops open but a question of what is sold in those shops. Clearly, the intention is to pass the justice legislation before the summer recess. The debate on the matter will begin in the Seanad today or tomorrow.

James Reilly (Dublin North, Fine Gael)
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It is a question of how many headshops are open. We are all aware that they completely and continually circumvent the law with disastrous consequences for our young people. I have asked the Minister previously why she has not issued a ministerial directive insisting that all products sold in these shops are passed either by the Medicines Board or by the Food Safety Authority.

I have also asked that the Minister's colleague in Government, the Minister, Deputy Gormley, would issue a directive bringing these shops under planning law such that he could dictate their location, which should be not within ten kilometres of a school, pub or club, and to dictate their opening hours, that is between 9 a.m. and 5 p.m.

I accept this is a difficult problem. However, it will require a multifaceted approach to close off all the avenues. Given the amount of money they have behind them, as sure as apples are apples these people will seek to circumvent the next legislation as well. Let us at least cut off all the predictable loopholes. I would not hold the Minister or any other Minister responsible for an unpredictable loophole which appears, but we should act on those which are predictable.

Mary Harney (Dublin Mid West, Independent)
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We have put in a great deal of effort in consultation with other Government officials and we have listened to all the medicinal and legal expertise available to us. There is no way of introducing legislation to licence such shops in accordance with the Deputy's suggestion involving the IMB because as soon as one dictates that headshops must be licensed, another name would be used. If one then suggests different products must be licensed, such as bath salts, it is simply not possible. All these matters were examined legally and there is no kosher way of doing it through medicines legislation. This is the reason we have gone down the justice route, which is what we had to do in a different era in Ireland in respect of subversive organisations and provide for considerable powers for the Garda Siocháná. This will happen in this case and I believe it will be effective.