Jerry Buttimer (Fine Gael)

Cuirim fáilte roimh an Aire. This debate is both timely and necessary but we should have had it before now. There has been an exponential growth in the number of head shops throughout the country. As Senator Feeney said, these shops sell legal highs designed to give people a feeling of elation. Such premises should be subject to strict regulation immediately because they are dangerous and are causing untold damage. There are numerous reasons people buy such products in head shops, including quick stimulation, unemployment, lack of community facilities, personal issues or boredom. Over one weekend in January, five people were treated at the Mercy Hospital in Cork because of adverse reactions to drugs purchased at head shops in the city centre. These head shops have attracted national attention in recent weeks. I commend Joe Duffy's "Liveline" programme for its continual coverage of the effects and dangers involved. From the stories on that programme as well as e-mails and my personal contacts with people, it is frightening and upsetting to see the effects of such substances. Head shops have become embedded in larger towns and cities, in particular over the past 18 months. It is time we got real about these premises The products sold by head shops seek to create the same effects as illegal and highly addictive drugs such as cocaine, ecstasy and hash. Some substances sold in head shops may have seemingly innocuous names but their side effects are damaging.

The irony is they are sold in legally owned or rented, tax-compliant premises. That is the first problem. The substances sold in head shops produce many of the same social ills as their proscribed counterparts. We need to change the law in this respect. The Minister of State, Deputy John Curran, recently told an Oireachtas committee that this is a complex matter, which it is. We accept that, but we must change the law. We started by taking action on BZP and other products, but the law urgently needs to be changed in this regard.

The Irish Medicines Board has no control over products sold in these shops. Due to the lack of regulation on production, strength and consistency, no one knows exactly what these products contain. We talk about the lack of medical assessment in using such products, but no medical advice is sought or given prior to their use. We should examine the current uncontrolled use of these products which are frequently taken in conjunction with other head shop products, drugs, medication or alcohol, with a profound impact. There is no control on the age of those who purchase them, so anyone can walk into head shops.

The national drugs strategy specifically mentions that local community facilities need to be improved so that young people will not engage in anti-social behaviour, including experimentation with drugs. Many new communities which sprang up in recent years have no joined-up thinking on planning. Therefore the Government and local authorities should join forces to provide such communities with facilities where young people can engage in healthy activities while staying away from head shop products.

In January, Dr. Chris Luke, with whom the Minister is familiar, wrote in the Irish Examiner:

In the past few months we have seen a relentless rise in the number of seriously distressed young adults and teenagers being hospitalised due to head shop highs, with panic, paranoia, delirium, psychosis and chest pain.

If that statement from a learned professional man is not a damning indictment of the products which are sold legally in these shops, then what is? It is also an indictment on Government, which profits from the sale of these products, that we have not put in place a proper drugs awareness and education programme. The national drugs strategy has not worked entirely and has failed in some areas. It is a damning indictment of society also that we failed to tackle the thorny issue of drug use and addiction. Research has shown clearly that a certain percentage of people who use soft drugs progress onto other drugs. We know that is the case with alcohol, tobacco, hashish and other drugs. The reality, which I accept, is that many young people will experiment and graduate on to other drugs but we are all missing the fundamental point. There are devastating personal, familial and social consequences which carry a huge economic cost in terms of the health service but, more importantly, in terms of the human lives that have been destroyed by the use of these drugs.

A link has been established between the use of drugs and the head shop product and the emerging mental health need, through use with other drugs and alcohol, and it will result in an increase in public health and social health difficulties. There must be a clear commitment from Government that we will fund local communities as part of the five key pillars of the national drugs strategy.

In 2006 the Irish Examiner, which has been a pioneering newspaper regarding the sale and use of illegal drugs, revealed that drugs up to five times the strength of ecstasy were being sold over the counter in at least 15 head shops throughout Ireland. These were class A drugs, which are banned in the United States since 2001. We banned party pills in April, BZP being their main ingredient, but it must be a criminal offence to buy, sell or possess the drugs often called pep pills, which are sold under the names "Jax" or "Smileys".

Under the Fine Gael proposal the planning permission criteria for head shops will have to change to make it more like the planning permission criteria for sex shops. I have an open mind on whether we should ban them outright or have strict regulation.

In regard to the national drugs strategy, it is imperative that the emergence of these new markets, in terms of the supply of these shops, is tackled immediately. If one does research on head shops, as Senator Feeney and I have done, as has Senator Healy Eames, who has been to the forefront on this issue in this House, one will discover that many of these products are labelled "not for human consumption". If one goes onto the website www.Irishheadstores.com one will see that the label on a product called "Oceanic" states that it will give one "wave after wave of amazing euphoric sensations! A fantastic herbal high!". One of the reviews on an on-line message board by people who have taken these products stated: "It is not for human consumption". Another stated: "I took four lines on a night out". Another stated: "No fuss, no mess. Two lines, one pack and your [sic] set for the night". "Oceanic" is being sold as a bath salt.

It is clear from talking to people and meeting with parents and young people who have been engaged in this, and from listening to Dr. Chris Luke and others, "Liveline", the Minister, Deputy Harney, and other Senators, that we must put in place a mechanism in law and a change in regulations because young people who are computer literate have access to information and access to credit and laser cards and can buy these products on-line. If the Minister starts in Temple Bar and travels to Cork and all the provincial towns throughout Ireland she will find that more and more people are trying these products because they believe they give them confidence and do not pose any threat to their lives. They believe there is no need for concern as would be the case if they took "E" or other tablets. The reality is that it is false advertising and the damage that can be caused is horrendous.

Deputy James Reilly, our health spokesman, has laid out a number of criteria and steps to be taken, including that the labelling of these products must come under the Food Safety Authority of Ireland and the Irish Medicines Board and that these substances must be properly labelled. It is wrong to sell a product under the guise of a bath salt or plant food when the common practice is for young people to misuse it by consuming it.

We must have joined up thinking on this issue. Any analog of these banned substances must be put into quarantine until they are analysed and approved by the Food Safety Authority of Ireland and the Irish Medicines Board. Also, these products must have product liability insurance. As a minimum, the Minister for the Environment, Heritage and Local Government must come into this House with legislation on planning to cover head shops.

These products are harmful to humans. We are talking about people's lives in this debate, not the profitability of those people who, unashamedly, have been on national television and radio saying they have done nothing wrong other than make money. In some cases they are making profits of €1,500 to €3,000 a week, and more in other cases. Young people are dying, families are being ruined, and mothers and fathers upset. As Dr. Chris Luke said, the mind-altering behaviour that occurs is frightening.

These products are a clear and lasting danger to people. I accept we must have balance and that we cannot become a prohibitive state and ban everything but as a teacher, an educationalist and Fine Gael spokesman on drugs in this House, I have become acutely aware of the inordinate damage these products cause. We must ban certain products and have a tighter regulatory imposition on head shops.

Magic mushrooms and BZP have been banned but as Senator Feeney rightly said, these people are coming up with smarter and different ways to sell their products. We do not have to wait for another human tragedy to occur. We can act collectively. Those of us on this side of the House will work in collaboration with Government to bring in legislation to limit the damage these products can cause. The time for rhetoric is at an end. It is action we require. The Minister has a commitment from her Department, as does the Minister of State, Deputy Curran, but we need legislation and regulation as a matter of urgency.