James Reilly (Dublin North, Fine Gael)
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Question 643: To ask the Minister for Community, Rural and Gaeltacht Affairs the measures he proposes to curtail and restrict the activities of head shops and the sale of dangerous substances which are causing health concerns to parents and medical professionals who are now seeing the effects in accident and emergency departments in hospitals here; and if he will make a statement on the matter. [15223/10]

Charlie O'Connor (Dublin South West, Fianna Fail)
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Question 647: To ask the Minister for Community, Rural and Gaeltacht Affairs if his attention has been drawn to the many concerns being expressed in respect of head shops; the action he proposes to take in this matter; and if he will make a statement on the matter. [15531/10]

Pat Carey (Dublin North West, Fianna Fail)
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I propose to take Questions Nos. 643 and 647 together.

I share the concerns outlined by the Deputies in relation to the activities of headshops and the new psychoactive substances, represented as legal highs, which are being sold in these outlets. These concerns primarily relate to the potential health hazards arising from the use of these products and the possibility that their use may act as a gateway to the use of illicit drugs. I am also aware that the use of these products has lead to people presenting to the Accidents and Emergency Departments of some hospitals.

The National Drugs Strategy 2009-2016 includes two actions aimed at addressing the issues involved. Action 14 calls for the monitoring of the activities of headshops and all businesses involved in the sale of psychoactive substances, with the objective of ensuring that no illegal activity is undertaken and for appropriate steps to be taken to reform legislation in this area where it is deemed to be appropriate. Action 15 recommends that drugs-related legislation be kept under continuous review, with a particular focus on new synthetic substances and new or changed uses of psychoactive substances, against the background of EU and broader international experience and best practice.

Through the Misuse of Drugs Act - which is the primary legislation through which these substances can be regulated - the Department of Health and Children has drafted regulations to introduce controls on a range of substances. These regulations will make the possession and sale of these substances illegal and subject to criminal sanctions. In line with a recent Government decision, the draft regulations have been notified to the European Commission under the relevant Technical Standards Directives, as controls under the Misuse of Drugs Act involve a restriction on trade. It is envisaged that the regulations controlling the various substances will come into effect at the conclusion of the three month process involved. In preparing the required regulations, the Department of Health and Children consulted with the relevant authorities to ensure that any legitimate uses of the substances involved are not impinged upon.

Meanwhile, a number of other measures are also in train: · the activities of headshops are being closely monitored on an ongoing basis by An Garda Síochána and Revenue's Customs Service, with a view to ensuring that no substances that are currently illegal are being sold; · the HSE, in association with partner agencies under the Drugs Strategy, is finalising a national drugs awareness campaign that will focus on the dangers of psychoactive substances available through headshops; and · the National Advisory Committee on Drugs has been asked to carry out some targeted research in this area. My Department has also been in contact with the Attorney General about a range of possible approaches to the matter and a number of issues arising in that context, including possible legislative proposals, are being actively considered at senior level within an inter-departmental framework.