Brian O'Shea (Waterford, Labour)
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Question 88: To ask the Minister for Health and Children her proposals to ban the use of herbal E's (details supplied); and if she will make a statement on the matter. [20444/08]

Mary Harney (Dublin Mid West, Progressive Democrats)
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The Misuse of Drugs Act 1977 and regulations made thereunder regulate and control the import, export, production, supply and possession of a range of named narcotic drugs and psychotropic substances listed in the Schedules to the Act. Substances are scheduled under the Act in accordance with Ireland's obligations under international conventions and/or where there is evidence that the substances are causing significant harm to public health in Ireland.

Herbal E's is a colloquial term used to describe a range of different substances which may or may not be scheduled substances under Misuse of Drugs legislation. However, such substances cannot be added to the relevant Schedule as a category; this must be done on a case by case basis. The list of scheduled substances is kept under review on an ongoing basis. In particular, my Department reviews any evidence that substances are being abused and are causing significant harm to public health.