Seanad debates

Wednesday, 23 June 2010

Criminal Justice (Psychoactive Substances) Bill 2010: Second Stage

 

1:00 pm

Photo of Jim WalshJim Walsh (Fianna Fail)

I thank Senator Wilson for sharing time. I also welcome the Minister and compliment him on the introduction of this Bill. It is symptomatic of the energy and focus he has applied to a wide range of criminal offences in trying to plug various loopholes in legislation that were being exploited by criminal elements. In this instance the sale of substances was having an effect on society.

Head shops are a relatively new phenomenon. They identified a wide range of substances which are not covered by the Misuse of Drugs Acts. In that regard we all welcomed the statutory instruments introduced in May by the Minister for Health and Children proscribing the sale of certain substances under the Misuse of Drugs Act. Comments have been made by Members in that regard. That action had significant success in that 54 of the 102 head shops were closed as a consequence. However, there are still 48 operating and I certainly welcome that the new legislation identifies that a time-lag in dealing with new drugs that will emerge in the future would be an issue. The Bill introduces general control to address head shop products as they emerge. Other Senators have mentioned that the effects on individuals and their families are dire when people become addicted to drugs. In certain instances people have overdosed and consequently lost their lives or lost their use of reason. Any effort that can be made in this regard is to be applauded.

Section 20 provides for fines of up to €5,000 and up to 12 months' imprisonment for those convicted of these offences. A month or two ago when this issue got considerable coverage in the media and the Minister was applying himself as to how best to deal with it, I discovered anecdotally that one head shop in the south east had a turnover of €10,000 in one week, with €6,000 profit. There is a huge amount of money involved and one can see the motivation behind the growth in the number of outlets which are having a significant effect on local populations and society in general. I noted that quite a number of head shops had been burned down and that in many instances it was suspected that it was arson, probably promoted by competitors in the criminal drug trade who found their businesses had been affected. This brings home the idea that the matter needs to be kept under continuous scrutiny.

In the past month I listened with interest to a radio programme on RTE 1 on which it was outlined how an individual in Britain had examined the history and growth of the gang culture in Britain. In the past young people became involved in gangs to gain a sense of identity and to feel more like adults than young adolescents. Young people became involved in anti-social behaviour and minor criminal activity. It was argued, however, that as they reached 17, 18 or 19 years, they would depart from gangs, take up normal jobs and occupations and become normal members of society. The modern view is that because they become involved at a young age in selling drugs, they may as a consequence become dependent on the income stream and continue into adulthood within the gang structures. Many reach the top of major criminal gangs in Britain. It was estimated by the expert in question - I do not know how accurate it is - that the drugs trade in Britain was worth something in the order of €40 billion a year. It is, therefore, a significant business. I do not know what the basis for the figure is, but it stands at €10 billion for Ireland. We are facing great difficulties, especially as such activity is ongoing. If one were to apply the VAT rate of 21% to the figures mentioned, it would a give a figure of €2.1 billion, which shows the significant amounts of money involved in this business. The time may have come for us to take a fresh look at how effective our measures are and the new initiatives that could be taken. I know the Minister has shown a degree of innovation and initiative in tackling this issue and perhaps it might be extended to a broader range of issues. It is not just an Irish phenomenon, as it affects all western democracies.

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