Joe Costello (Dublin Central, Labour)
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Question 269: To ask the Minister for Health and Children if the Director of Public Prosecutions has determined if the gardaí can prosecute seizures of prescribed drugs which are sold on the streets; and if she will make a statement on the matter. [4588/10]

Mary Harney (Dublin Mid West, Independent)
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The Director of Public Prosecutions is independent in the performance of his duties. I can only comment in relation to my responsibilities under the Misuse of Drugs Act 1977. Certain prescription medicines have been declared controlled drugs in accordance with the Misuse of Drugs Act 1977 - for example, products containing morphine, methadone, flunitrazepam and possession of these products, in contravention of the Act, is an offence. Under the Misuse of Drugs (Exemption) Order 1988, it is not an offence for a person to possess prescription medicines containing certain benzodiazepines. At the time of making of this Order, no international controls were in place on the possession of benzodiazepines. Some countries have moved to make it an offence to possess benzodiazepines. The position in Ireland is under review.