Mary Wallace (Meath East, Fianna Fail)
Link to this: Individually | In context

Question 281: To ask the Minister for Health and Children the steps she is taking to deal with the ongoing concerns regarding head shops and the sale of products which have been described as legal highs and party drugs; and if she will make a statement on the matter. [4556/10]

Mary White (Carlow-Kilkenny, Green Party)
Link to this: Individually | In context

Question 323: To ask the Minister for Health and Children her plans to address the sale of psychotropic drugs in head shop and to regulate such shops; and if she will make a statement on the matter. [5031/10]

Mary Harney (Dublin Mid West, Independent)
Link to this: Individually | In context

I propose to take Questions Nos. 281 and 323 together.

The Misuse of Drugs Act 1977 and its associated regulations 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.

The list of scheduled substances is kept under ongoing review. For example, in 2006 psychotropic ('magic') mushrooms were banned and their possession and sale is now illegal. On 31 March 2009, BZP was similarly subjected to legislative control measures and criminal sanctions.

In the light of the health risks associated with some of the products being sold in so-called 'head shops', my Department is in the process of drafting regulations which will introduce controls, similar to those introduced recently in the UK, on a range of substances which are currently on sale in head shops. These regulations will make the possession and sale of these substances illegal and subject to criminal sanctions.

Some of the substances in question have legitimate uses - for example, in the production of plastics and industrial solvents. It will be necessary to assess the level of use of these substances by industry in Ireland and the implications for industry of placing these substances under the ambit of Misuse of Drugs legislation. In accordance with EU law, it will also be necessary to notify the Commission of any restrictions which may impact on legitimate industrial activities. It will be appreciated, therefore, that it is likely to be some months before the regulations can be implemented.

Minister of State John Curran, who has responsibility for co-ordinating the National Drugs Strategy, has identified head shops as an area of concern, and is currently considering the options available to more effectively control the activities of head shops.

A Research Advisory Group (RAG) has been established to identify possible options for the regulation of head shops. The RAG held its first meeting on 13 January 2010. It has representatives from the National Advisory Committee on Drugs, the Departments of Community, Rural and Gaeltacht Affairs, Justice, Equality and Law Reform, Health and Children, the Health Research Board, Revenue Custom's Service, the Forensic State Laboratory and other relevant stakeholders. The RAG will report incrementally until its work is complete.