Pat Carey (Dublin North West, Fianna Fail)

I welcome the opportunity to reply to the Second Stage debate on this Bill. I thank all the Senators who contributed to that debate.

There is broad support for the Bill. When we were complimenting its introduction, I stated that we should try to draft legislation that would be as watertight as possible. The Bill is probably as close as we are going to get in that regard. I am under no illusions on the capacity of those involved in the drugs industry to find loopholes. It is our job to close as many of them as possible.

As Minister with responsibility for the national drugs strategy, I view head shops and the psychoactive substances they sell as representing a relatively new but ever-evolving aspect of substance misuse in society. The Government is determined to tackle the problems arising from such misuse and to pursue all viable approaches to counter the potential threats involved. In May, the Minister for Health and Children, Deputy Harney, introduced regulations, under the Misuse of Drugs Act, to regulate more than 200 products. The introduction of these controls and the Bill before the House sent out a clear message, particularly to young people, with regard to the dangers relating to the psychoactive substances sold through head shops and via the Internet.

We always knew there would be a reaction from head shop owners to the controls introduced in the context of trying to source alternative substances. The introduction of new products is a global issue. Substances will continue to be monitored with a view to periodically introducing controls in respect of new products which have the potential to have a detrimental effect on people's health.

I came across this matter when serving as a Minister of State two years ago. At that time, there was some anxiety to the effect that an element of self-regulation might be introduced in respect of this industry. I was not in favour of self-regulation at that stage and I certainly do not favour it now. The capacity of the industry to reinvent itself is worrying. However, legislation such as that before the House probably provides the one sure way for society to clamp down on this pernicious and insidious industry, which has gained quite a foothold in society.

It is against this background that I strongly support the Criminal Justice (Psychoactive Substances) Bill 2010, which, in conjunction with the Misuse of Drugs Act, will provide a comprehensive response to issues relating to psychoactive substances and head shops. The Bill will make it an offence to sell or supply substances which are not prohibited under the Misuse of Drugs Act but which have a psychoactive effect on humans. It will also make it an offence to sell objects that are intended for use in the cultivation of certain plants by hydroponic means, thereby tackling another aspect of drug production. Another substantial feature of the Bill is the significant powers it grants to the Garda Síochána. Like previous speakers, I compliment the Garda Síochána on the effective and proactive approach it has taken since the new regulations were introduced.

The actions taken by governments in other jurisdictions in respect of this matter are being monitored. In the context of its response, Ireland is in the forefront in this regard. The Criminal Justice (Psychoactive Substances) Bill represents another significant step forward. The national advisory committee on drugs is undertaking research on new psychoactive substances of natural and synthetic origin and the outlets which supply them. This will add further to our knowledge in this area.

As the Minister responsible for the national drugs strategy, I will continue to co-ordinate the response to new psychoactive substances across the various Departments and agencies involved. I see this as being crucial in the context of supporting the implementation of the proposed legislation and maximising the likelihood of the desired impact being achieved. Much of what will be needed will involve inter-agency co-operation. In that context, the health service, the Garda and customs will be obliged to work together, including in the development of an early warning procedure in respect of new psychoactive substances.

I compliment the Minister for Justice and Law Reform, Deputy Dermot Ahern, on the prompt action he took in respect of this matter. I also compliment the Office of the Parliamentary Counsel and the Office of the Attorney General for the work they have done in this area.

Senators Regan, McDonald, Buttimer and Wilson referred to planning controls in the context of opening head shops. Most local authorities are in the process of framing their new development plans. In that context, they should include provisions in those plans relating to change of use, the definition of "shop", and so on. Some local authorities, of which Clare County Council is one, have already taken steps in that regard. In conjunction with the Minister for Justice and Law Reform, I will work with the lead Departments to discover how the measures in the Bill and the provisions in existing planning legislation can be further enhanced.

Senator Regan expressed the belief that, despite difficulties relating to legitimate use, the sale of drugs paraphernalia should be an offence. I had hoped it would be possible to include a provision to deal with the matter to which the Senator refers. However, one of the issues that arose was that some of this paraphernalia includes needles, which are used in the needle exchange programmes relating to the treatment of drug misusers. The Minister for Justice and Law Reform is prepared to examine the possibility of whether bongs, pipes and other utensils might be included on the list of items which cannot be sold in retail outlets.

Senator Boyle raised a query on section 4 on the sale of hydroponic equipment. Concerns have been expressed that legitimate hallucinogens could be inadvertently banned under the section. The Minister is aware of these concerns. To commit an offence under the section, it is necessary for a person to know that a substance will be used for the cultivation of controlled drugs. In other words, as I understand it, the commission of an offence does not occur, unless a person knows heating, lighting or other substances will be used for that purpose. However, I will have the matter clarified.

Senators Daly, Quinn and a number of others spoke about the need for an information campaign. In the next couple of weeks the HSE will launch an awareness campaign targeted at young people which will involve the use of different forms of media and attendees at concerts and weekend rock festivals.

Senator Quinn asked if a DVD on the dangers posed by head shop products could be distributed to schools. My Department is exploring having a new phase of an awareness campaign and already operates the Dial to Stop Drug Dealing campaign which will continue until the end of the year. I take the point that to get the message of awareness campaigns across, we need to explore new media, including digital and electronic, which are the stock in trade of young people. The launch of the HSE campaign is imminent. It will prove timely and effective.

Debate on the Bill will continue in the House tomorrow when Committee and Remaining Stages will be taken. The Minister for Justice and Law Reform, Deputy Dermot Ahern, will, as he stated, table an amendment to the Schedule to the Bail Act 1997. He will also table a number of minor technical drafting amendments.

I welcome the legislation which I believe forms an important part of the comprehensive effort to control the sale, distribution, importation and export of psychoactive substances. I thank Senators for their contributions in what has been a constructive debate on Second Stage.