Darragh O'Brien (Dublin North, Fianna Fail)
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Question 204: To ask the Minister for Health and Children when legislation will be brought to Dáil Éireann to deal with shops selling herbal pills and party pills (details supplied); and if she will make a statement on the matter. [42389/08]

Mary Harney (Dublin Mid West, Progressive Democrats)
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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. These substances include 'herbal pills' and 'party pills'. 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, which were on sale in 'head shops', 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. I expect that the legislation necessary to introduce control measures will be in place before the deadline of March 2009.