Joe Costello (Dublin Central, Labour)
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Question 254: To ask the Minister for Health and Children the way she will ensure that the ban on happy pills is implemented and enforced; if she has written to the head shops which sell these pills informing them of the new statutory instrument; if she has contacted the gardaí regarding seizing the existing supply of pills which are illegal; and if she will make a statement on the matter. [15138/09]

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 297: To ask the Minister for Health and Children if the Misuse of Drugs Act 1977 (Controlled Drugs) (Declaration) Order 2009 is effective immediately; the steps that have been taken to notify retailers of the change in the law and to secure compliance; the arrangements in place with An Garda Síochána to ensure same; and if she will make a statement on the matter. [15411/09]

Mary Harney (Dublin Mid West, Progressive Democrats)
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I propose to take Questions Nos. 254 and 297 together.

On 31 March 2009, Benzylpiperazine (BZP), one of the so-called 'party' or 'happy pills' available for sale in 'head shops' was declared a controlled drug under the Misuse of Drugs Act 1977 (Controlled Drugs) (Declaration) Order 2009. This means that the possession and sale of BZP are now illegal. A press release issued from my Department on 31 March and there was considerable media coverage of the ban on BZP.

Head shops possessing supplies of BZP must dispose of those stocks or risk prosecution under the Misuse of Drugs Acts. Enforcement of this measure is a matter for the Gardaí who have powers under the Misuse of Drugs Acts to search premises and to seize supplies of BZP which have not been disposed of.

The Gardaí were kept informed both of the impending control of BZP prior to 31 March and also of the Government's decision taken on that day.