Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 99: To ask the Minister for Health and Children the steps she is taking to deal with intoxicating or hallucinogenic substances being sold legally in health or alternative medicine shops here; and if she will make a statement on the matter. [34749/08]

Mary Harney (Dublin Mid West, Progressive Democrats)
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I take it that the Deputy is referring to the sale of substances often referred to by the generic term 'legal highs', which mimic or cause effects similar to illicit substances, which are currently not scheduled under Misuse of Drugs legislation.

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 or where there is evidence that the substances are causing significant harm to public health in Ireland, which could merit the criminalisation of their sale and use.

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. For example, in 2006 psychotropic (magic) mushrooms were brought under control and their possession and sale is now an offence. Furthermore, following the European Council of Ministers' decision in March 2008 to bring Benzylpiperazine (BZP) under control, which was deemed to pose an excessive risk as a party pill, my Department will be introducing regulations to restrict the availability of BZP.