Eugene Regan (Fine Gael)

This has been a very healthy debate, if I can use that word. There is a consensus on the need to tackle head shops. We must thank many people, not least Grainne Kenny, president of Europe Against Drugs, for educating people about the dangers of certain drugs and for educating Members of the Oireachtas about the problem. The issue was brought home to me in 2005 by the death of Colm Hodgkinson in Dún Laoghaire after he took magic mushrooms and jumped off the balcony of his apartment. I know many people who were very good friends of this man and it had a traumatic effect on them. There was extraordinary surprise that this could happen with a product that was not necessarily considered dangerous at the time.

The problem has been highlighted. The dangers of these drugs are clear from the evidence provided by Dr. Chris Luke of Cork University Hospital. It is acknowledged that we must tackle the problem, but the issue is how to do so. The manner in which the products are sold, by referencing them as not for human consumption, is cynical and sophisticated, as is the way the products can be changed minutely so they fall out of the illegal category once more. The response must be equally sophisticated. The first area must be education and advertising to counteract the effect on young people. People will listen when they know the dangers. The problem until now is that the dangers of these products have not been fully appreciated.

Everybody is agreed that there must be legislation to ban these products and operations. I appreciate that the Minister, Deputy Mary Harney, came to the House today to explain the Government's plans and that the Minister of State, Deputy John Curran, is now present. However, there is a hesitancy or a way of going about this which, perhaps, does not actually deal with the problem. The precautionary principle must apply. We know these products are dangerous so I do not understand the delay and, indeed, the approach. I would have thought that products that are not licensed for sale are automatically deemed illegal. Medical products must be approved under very stringent conditions before they can be sold. The products we are discussing are not of that type but they are products that have a dangerous effect. We must have a different approach and apply the precautionary principle, whereby if the products are not licensed they are illegal. That generic approach would pre-empt problems further down the line.

I favour the twin-track approach of education and advertising along with legislation. I welcome the fact that the Minister came to the House and is moving ahead on this issue. I appreciate that it must be notified to the European Commission and I have emphasised the importance of notifying the European Commission about matters in another area. However, in this instance and given the proof we have of the dangers of these products, I wonder if it is necessary to wait three months before activating the legislation.