Finian McGrath (Dublin North Central, Independent)
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Question 149: To ask the Minister for Health and Children if she will support a matter (details supplied). [41829/08]

Mary Harney (Dublin Mid West, Progressive Democrats)
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The Deputy's question relates to the sale of products associated with the consumption of illegal drugs and whether current legislation is deficient in this regard. I am aware that a range of substances often referred to by the generic term 'legal highs', which mimic or cause effects similar to illicit substances, are available in so-called 'head shops' and 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 and/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 make the possession and sale of BZP illegal.