Seanad debates

Wednesday, 23 June 2010

Criminal Justice (Psychoactive Substances) Bill 2010: Second Stage

 

1:00 pm

Photo of Diarmuid WilsonDiarmuid Wilson (Fianna Fail)

I welcome the Minister, Deputy Dermot Ahern. I congratulate him on the speedy response to this horrific problem that has been sweeping across the country. As I have pointed out on several occasions in this House, these shops were springing up in every town and some villages throughout the country on a weekly basis. Thankfully that has ceased.

It used to take approximately 20 years for something that happened in the United States to reach our shores. When I researched the origin of head shops, I was fascinated to discover that the first shops appeared in the United States of America generally in towns where there were student populations almost 40 years ago. It took quite some time for these unwanted shops to appear here. I first became aware of such shops here when it was brought to my attention towards the latter part of 2008 by one of our councillors in Cavan, Councillor Patricia Walsh, that it was proposed to open such a shop in Cavan town.

When I started researching what was on sale in these head shops, I was horrified. In November 2008 I raised the matter on the Adjournment, having researched head shops quite extensively. On that occasion I raised in particular the problem the so-called "party pill" or BZP was causing for our young people. At the beginning of April last year I was glad to be in a position to report to the House that on 31 March 2009, the Minister for Health and Children added BZP to the list of proscribed drugs under the Misuse of Drugs Act 1997.

During research into these products and shops I was horrified at the advertisements that appeared on the Internet. For example, a product called e-blast, which is similar to the drug now called whack to which the Minister and other speakers referred, was described on a website as follows:

Like a lightening bolt of pure energy straight to your brain, E-Blast pills are guaranteed to make your jaw clench, your hair stand on end and your feet to want to hit the dance floor. Take that feeling you get when the moon is full, you're looking good and feeling good and out for a night of carnage, you know, the kind of night where colours seem brighter, music sounds better and you feel unstoppable.

I welcome that the Minister for Health and Children, Deputy Harney, announced on 11 May 2010 that an order declaring a number of substances commonly referred to as "legal highs" would be controlled under the Misuse of Drugs Act 1997 with immediate effect. These substances are dangerous and their sale and consumption have caused considerable anxiety to families and communities throughout the country. The possession and supply of these illegal substances are subject to criminal sanction of up to seven years' imprisonment on indictment and a penalty of imprisonment for life applies to unlawful supply, which I welcome.

I again congratulate the Minister on bringing this legislation before us so quickly. The Bill is part of the Government's multi-pronged approach targeting the activities of head shops. The primary vehicles for regulating psychoactive substances are the Misuse of Drugs Acts 1997 to 2007. On foot of the Government order of 11 May, the Minister for Health and Children made the necessary statutory instrument to make the possession and sale of certain substances subject to criminal sanctions under the Misuse of Drugs Acts.

Based on Garda information, I understand that at one stage 102 of these shops were open and now there are approximately 48. I welcome that the head shops in Cavan town and Monaghan town have recently been closed as a result of the activities of the Government. The activities of these head shops are being closely monitored by the Garda and Customs. It might be worth reviewing planning regulations for these shops. There are restrictions on when young people can purchase a burger at night but at the moment there is no restriction on when young people can purchase these horrific substances in head shops, which are entitled under our planning laws to stay open for 24 hours a day. I congratulate the Government on its efforts to close the various loopholes regarding these head shops.

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