Willie Penrose (Longford-Westmeath, Labour)
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Question 186: To ask the Minister for the Environment, Heritage and Local Government if he will take steps to amend the planning Acts in order to ensure that a change of use of premises for use as either a head shop or a sex shop is a material change of use and therefore requires an application for planning permission; if he will adopt the Planning and Development (Amendment) Bill 2010 published by the Labour Party recently to assist in having this amendment made; and if he will make a statement on the matter. [14053/10]

John Gormley (Dublin South East, Green Party)
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In relation to so-called "head shops", my Department, at the request of the Minister of State with responsibility for Drugs, is working with the other relevant Departments, including the Departments of Health and Children, Justice, Equality and Law Reform, and Enterprise, Trade and Employment to develop recommendations for Government on the best way forward in devising an overall Government response to the issue of head shops.

From a health perspective, the Minister for Health and Children has begun the process of prohibiting, under the Misuse of Drugs Acts, the sale of certain substances commonly sold in these shops.

My Department is considering, in consultation with planning authorities, whether the planning system could make a sufficiently effective contribution to the resolution of this issue, through, for example, a more restrictive use of the change of use provisions under planning legislation.

Consideration is also being given to similar appropriate measures with regard to adult or sex shops.