Noel Ahern (Dublin North West, Fianna Fail)

I am taking this Adjournment matter on behalf of my colleague, the Minister for Health and Children, Deputy Mary Harney. I thank Senator Keaveney for raising these matters as it provides me with an opportunity to outline to the Seanad the measures in place in regard to both food safety, in terms of bottled water, and dangerous substances, in terms of party pills.

The Food Safety Authority of Ireland, FSAI, is an independent statutory body charged with the implementation of food safety legislation in Ireland. Its principal function is to ensure that food consumed, produced, distributed or marketed in the State meets the highest standards of food safety and hygiene. In particular it must ensure that food business operators comply with food legislation and, where appropriate, with standards or codes of good practice.

The FSAI is responsible for the enforcement of all food safety legislation in Ireland. It carries out its enforcement functions through service contracts with official agencies, such as the HSE. These contracts outline an agreed level and standard of food safety controls that the agencies must perform as agents of the authority. A further safeguard to public health is provided by European General Food Law (Regulation 178/2002) which places a clear responsibility on food business operators to place safe food on the market.

Where the FSAI considers that a food may be unsafe, it conducts a risk assessment of the product. The result of this assessment determines the action to be taken by the FSAI. Where the FSAI considers that the foodstuff poses a serious risk to public health, it must inform the general public of the nature of the risk to health, identifying to the fullest extent possible the foodstuff, the risk it may present and the measures which are taken, or about to be taken, to deal with the risk. This action is provided for in legislation and is achieved through a number of mechanisms including the national food alert system, FSAI press releases and the publication of enforcement orders under the Food Safety Authority of Ireland Act 1998.

Improvement, closure and prohibition orders are brought to the attention of the public in the interest of public health and consumer protection. Such orders are available on the FSAI's website and are also publicised through monthly press releases.

The Minister understands from the FSAI that its report on microbiological safety and quality of bottled waters will be published in the next few days. This report is a summary report of historic enforcement activity and sampling on the ground in 2007. The FSAI informed the Department of Health and Children that where any unsatisfactory results were identified during this survey, appropriate follow-up action was taken. This action included the withdrawal of a number of bottled waters from the market by food business operators.

Where there is a serious threat to public health, the details are made public immediately. In this case, however, as the FSAI and HSE considered there was no risk to public health, they did not consider it necessary to make their findings public. The FSAI has confirmed that consumers should not be concerned about the quality and safety of bottled water on the market today.

The Minister is aware that a range of substances often referred to by the generic term "legal highs", which mimic or cause effects similar to illicit substances, are available in so-called "head shops" and are currently not scheduled under misuse of drugs legislation. These substances include herbal pills and party pills.

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 and, where there is evidence that the substances are causing significant harm to public health in Ireland, which could merit the criminalisation of their sale and use.

The list of scheduled substances is kept under review on an ongoing basis. In particular, the Department of Health and Children reviews any evidence that substances are being abused and are causing significant harm to public health. For example, in 2006 psychotropic or magic mushrooms, which were on sale in head shops, were brought under control and their possession and sale is now an offence. I recall that particular debate and campaign as I had responsibility for the drugs strategy at the time. Furthermore, following the European Council of Ministers' decision in March 2008 to bring Benzylpiperazine, BZP, under control, which was deemed to pose an excessive risk as a party pill, the Department of Health and Children will introduce regulations to make the possession and sale of BZP illegal. The Minister expects that the legislation necessary to introduce control measures will be in place before the deadline of March 2009.