Seanad debates

Wednesday, 23 June 2010

Criminal Justice (Psychoactive Substances) Bill 2010: Second Stage

 

1:00 pm

Photo of Jerry ButtimerJerry Buttimer (Fine Gael)

Cuirim fáilte roimh an Aire. I also thank the Whip for allowing me to speak now.

I compliment the Minister on the Bill. Notwithstanding the cross-party support for the legislation, some of the measures taken by the Government to tackle the drugs problem have not worked and Government policy on the wider issue of drugs and drug abuse has created major problems. I look forward to engaging with the Minister for Community, Equality and Gaeltacht Affairs, Deputy Carey, on the issue in the weeks and months ahead.

We must combat the drugs scourge collectively and address the rehabilitation pillar of the national drug strategy which has been neglected. Any measure which clamps down on the sale of legal highs in head shops is welcome. For this reason, I commend and support the provisions of the Bill. It is appropriate that the Garda Síochána will acquire powers to seek to have so-called head shops closed. Why did the number of such shops spiral in recent times? I laugh and cringe when I hear the proprietors of head shops extol their virtues on radio and television and in the print media. They are in business purely for self-interest and to make profits. They do not care how they do so.

It is wrong that head shops sell psychoactive substances and I am pleased efforts are being made to prevent them from doing so. These substances are not fit for human consumption. I have with me a label which extols the virtues of one of the products on sale in head shops. To protect the proprietors of the shops, it cleverly - I use that word glibly - features the words "Not for human consumption". Who do they think they are codding?

I welcome the decision to introduce new offences. This is the correct approach and in line with the model in place elsewhere in Europe and in countries such as New Zealand. I am outraged when I speak to families who have been affected by the products sold in head shops. I am also at a loss to understand the reason it has taken so long to reach this point. I compliment Ms Grainne Kenny and others who have been at the forefront of the campaign to have head shops closed down. Senator Wilson was one of the first Members to speak on the issue when these outlets were in their infancy. Senator McDonald and I also raised the issue in the House.

The legislation shows that the Government can secure change and movement when it achieves consensus. If only it had listened to the Opposition on economic matters, the country would be in better financial shape.

I welcome the measure which shifts the burden of proof from the Garda Síochána to the vendor. There is no doubt that psychoactive substances are being sold in head shops. The label I have refers to "smoke and pills and stuff" and has the brazen cheek to provide a website address. If one telephones a head shop, one will be given a menu of the products on sale. I welcome the decision to address the issue of packaging of head shop products.

Head shops are selling new and potentially dangerous products. Anyone who has a vision of a proper society will welcome the powers provided in the Bill to close down these shops. I am concerned, however, that their proprietors will find a loophole in the law. For this reason, we must ensure there is joined-up thinking as regards the planning laws and the role of local authorities. We live in a democratic state rather than a dictatorship. I wonder however how the planning process can allow head shops to be open. It is important to ensure there is joined-up thinking on this matter between local authorities, the Health Service Executive and the Departments of Justice and Law Reform and Health and Children.

The sale of drugs paraphernalia in head shops such as bongs, pipes and other accoutrements is a complex issue. I hope it will also be addressed at some point because we have an obligation to the weak and the vulnerable and those who do not understand the complexity of the issues involved. To that end, I will address a comment to the Alternative Traders of Ireland Association which has voiced opposition to the legislation. It has not made a compelling argument against the Bill or explained the reason we should support its case. It has ignored concerns about health and well-being and ducked the issue of the dangerous side effects of the products sold in head shops. It did not address the lies told in advertising for head shops, stating instead that their shops were legitimate businesses which paid rent and VAT and provided employment. While that may well be the case, the association does not refer to the damage caused by head shops. I do not subscribe to the view that the drugs trade will be pushed further underground than it is already.

Any study of the products sold in head shops will make support for the Bill compelling. I pay tribute to the many hundreds of parents across the country who have protested, lobbied and advocated for common sense. I thank the Minister for bringing this important Bill before the House for which he has our support. I hope this will be a day when we will see the beginning of the end of these head shops and we will put them out of business for ever.

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