Michael Finneran (Roscommon-South Leitrim, Fianna Fail)

I will take this Adjournment matter on behalf of the Minister for Health and Children and I would like to thank the Senator for raising it.

The Misuse of Drugs Act 1977 and regulations made thereunder regulate and control the import, export, production, supply and possession of a range of named narcotic drugs and psychotropic substances listed in the Schedules to the Act. Substances are scheduled under the Act in accordance with Ireland's obligations under international conventions, or where there is evidence that the substances are causing significant harm to public health in Ireland. The list of scheduled substances is kept under review. In particular, the Department of Health and Children reviews any evidence that substances are being abused and are causing significant harm to public health.

BZP is an example of a substance not currently scheduled under the Misuse of Drugs Act and its subsequent regulations. This means that possession of BZP and its sale in so-called head shops around the country are not illegal. BZP is a synthetic psychotropic substance which may be sold as ecstasy under the street name of 'Legal E', 'Legal X' 'XTC', 'A2', 'piperazine' or 'party pills'. Following a risk assessment of BZP carried out at EU level by the European Monitoring Centre for Drugs and Drug Addiction, the Council of Ministers decided on 3 March 2008 to introduce formal regulation of BZP in accordance with the 1971 UN Convention on Psychotropic Substances.

The Council decision noted that while the risk assessment report on BZP revealed a lack of conclusive scientific evidence on the overall risks of the drug, it would be safer to effect controls on the substance, due to its stimulant properties, risk to health, the lack of medical benefits and following the precautionary principle. The control of BZP may also help to avoid problems in international law enforcement and judicial co-operation. However, while there is a need to control BZP, the control measures introduced should be appropriate to the relatively low risks of the substance.

Member states must act as soon as possible, but no later than one year from the date of the Council decision, to introduce control measures and criminal sanctions. For Ireland, the introduction of national measures will involve declaring BZP to be a controlled substance under the Misuse of Drugs Act 1977 and adding it to the list of controlled substances in accordance with the Schedule of that Act. This will make the possession and sale of BZP illegal. The Department of Health and Children is awaiting legal advice on the drafting of the legislation necessary to introduce control measures here, but it expects to have the legislation in place before the deadline of March 2009.