Joanna Tuffy (Dublin Mid West, Labour)
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Question 164: To ask the Minister for Health and Children the reason she proposes a three month standstill on legislative measures to outlaw the sale of certain products commonly sold in head shops in view of the fact that European law permits the Houses of the Oireachtas to take immediate action for urgent reasons in the interests of public health and public safety; and if she will make a statement on the matter. [11831/10]

Mary Harney (Dublin Mid West, Independent)
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In the light of the health risks associated with some of the products being sold in so-called 'head shops', the Government has agreed to the introduction of regulations under the Misuse of Drugs Act 1977 which will introduce controls on a range of substances which are currently on sale in head shops. The substances concerned include:

synthetic cannabinoids (SPICE products)

benzylpiperazine (BZP) derivatives

mephedrone, methylone and related cathinones

GBL and 1,4 BD

The possession and sale of these substances will become illegal and subject to criminal sanctions under the Misuse of Drugs Act. Some of these substances are used in industrial activities and the application of controls under the Misuse of Drugs Act will involve a restriction on trade in their legitimate use. The legal advice available to me is that, in accordance with EU law, it is necessary to notify the Commission of the proposed Regulations under the "Technical Standards" Directives 98/34/EC and 98/48/EC. This imposes a 3 month stand-still period on the making of the regulations. Failure to notify would leave the Regulations open to challenge when they are made.