Feargal Quinn (Independent)

I welcome the Minister and I also welcome the Bill. I do not envy the Minister; it seems that no matter what he does somebody will find a way around it and he will have to return with further legislation. I think I live in a protected world. I was unaware of head shops. I listened to Senator McDonald who said hundreds of people were queueing on a Saturday night to go to them. I was unaware of it. I did not understand the situation until I heard about a person who ran a legitimate shop, which was a totally different business, near where I live, who was closing his shop because he was planning to open three head shops. It was a couple of months ago and I have not followed up to see whether he did so.

I was interested to note that the Garda Síochána said last month that the number of head shops had been reduced from 102 to 36. However, it was reported last week that more head shops have re-opened since the publication of a list of banned substances. Different substances which were not listed as illegal appeared on the shelves and business picked up again. I do not know how true these anecdotes are. The Minister gave us a great deal of information in his very detailed explanation of the Bill today. It gives some indication of how difficult it is to police the situation.

I read an interesting quote from forensic toxicologist, Professor Jenny Button, who is head of the toxicology service at St. George's University, London, who said, "Through clever chemistry an illegal drug can be changed into a legal one. It is going to be a case of constantly playing catch-up". The Minister is constantly playing catch-up because that is the challenge facing us. For instance, a range of new drugs have recently arrived in Ireland ready to fill the gap left by methedrone, something which the Minister and Senator Regan mentioned.

There is also the fact that more than 40 reports of severe adverse reactions to a new head shop substance called Whack have been received by the National Poisons Information Centre, as Senator Regan told us. The HSE recently said users of the product had suffered a range of symptoms including increased heart and breathing rates, raised blood pressure and anxiety. At least seven of those treated experienced psychotic episodes which the HSE said were severe and proving very difficult to treat. Kildare County Coroner Professor Denis Cusack, speaking last Monday, warned about the danger of drugs sold in head shops following the death of a young woman from an overdose of multiple drugs, including two products sold as so-called legal highs, a case to which the Minister referred. Professor Cusack confirmed it was the first time he had dealt with a case where it appeared so-called head shop drugs were a contributory factor in a death.

This Bill will mean that anybody convicted by a jury of selling a psychoactive substance and who comes before a judge will face a maximum sentence of five years' imprisonment and a fine. It is a serious crime but some people will question its harshness given the lenient nature of sentences we have seen handed out to murderers, rapists or child abusers. Some of the public will legitimately question the Government's crime priorities. It is not in the Minister's hands to influence judges but it appears that there is an imbalance on occasions in the sentences handed down.

While people caught selling illegal substances will face long prison sentences with this Bill, I wonder how strictly the measures will be enforced. I say this as I read last month that so called legal highs were being openly sold on the boardwalk on the Liffey every morning. How can we be sure that the new measures included in this Bill will be enforced? The other problem is that by making head shops illegal it may drive the problem underground. There is also a legitimate question to be asked in wondering if drug dealers are buying up spare stock from the head shops that have been shut down. Could they use the former legal highs as a lead-on to harder drugs? We had heard here how people are tempted along the path to try harder drugs. This is a real and dangerous potential by-product of the Bill, in spite of what we have been doing.

We also have the situation whereby shops may become legal. For instance, shops could offer an illegal delivery service, which is already happening. I am not sure how we handle Internet shopping but it appears that it will be difficult catch up with somebody who is able to make a large amount of money out of these products. I understand that the HSE plans to implement a delayed national awareness campaign on illegal highs at the end of the month. I would like to know if there are any plans to produce a DVD to be sent nationally to show people the physical and mental side effects of taking chemical substances. I believe this is being done in the United Kingdom. Are there any similar plans here?

The Minister has produced a Bill of which we will all approve. It is necessary and I understand from his explanation why he has not included everything he wanted to, but no matter what we do those on the other side will also take steps to continue to trade. I would not be surprised to see, no matter how strong the legislation is, that the Minister will be before the House again because those selling these products see the money and profits which can be made. There clearly is a demand for the products. I support the Bill and encourage the Minister to ensure that its measures are enforced with vigour.