Dan Neville (Limerick West, Fine Gael)
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Question 59: To ask the Minister for Health and Children if she will provide details on when legislation to ban the sale and distribution of substances sold in head shops and the closure of head shops will be introduced; and if she will make a statement on the matter. [25829/10]

P J Sheehan (Cork South West, Fine Gael)
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Question 85: To ask the Minister for Health and Children her views on whether her response to the import, production, sale and supply of dangerous head shop products has been completely inadequate to date; if her attention has been drawn to the fact that thousands of persons continue to be put at risk as new legal highs such as Whack and the cocaine substitute Amplified and other new drug products have entered the market; if she will confirm that legislation to ban the sale and supply of such products will be introduced before the Dáil Éireann recess; and if she will make a statement on the matter. [25846/10]

Mary Harney (Dublin Mid West, Independent)
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I propose to take Questions Nos. 59 and 85 together.

I completely reject the suggestion that the Government's handling of the issue of so-called "legal highs" has been inadequate. I would remind the House that in light of the health risks associated with these products the Government made an Order on 11 May declaring a large number of substances, commonly referred to as "legal highs", to be controlled drugs under the Misuse of Drugs Act 1977, with immediate effect. Approximately 200 individual substances were controlled by this legislation. The substances controlled include:

synthetic cannabis-type substances (contained in SPICE products),

BZP-related substances (sold as party pills),

Mephedrone and similar substances (sold as bath salts or plant food),

GBL and 1,4BD (often referred to as liquid ecstasy).

It is now a criminal offence for a person to import, export, produce, supply or possess these legal high substances. Possession and supply are subject to serious criminal sanctions of:

up to 7 years imprisonment and/or a fine for unlawful possession, and,

on indictment, up to a maximum period of life imprisonment for unlawful supply.

These Regulations have had a significant impact on headshops, removing the vast majority of their products from the market, and as a consequence a large number of headshops have closed.

The Government has always acknowledged that attempts would be made to circumvent these regulations. Since these substances were brought under control, other substances have been coming onto the market that are currently not subject to controls under the Misuse of Drugs Act. My Department is working closely with the Department of Justice and Law Reform, the Gardaí, the Customs Service, the Forensic Science Laboratory, the Irish Medicines Board, and others to monitor closely the emergence of new psychoactive substances. I will not hesitate to seek Government approval to ban additional substances if any of them pose a risk to public health.

Initial analyses indicate that the products 'WHACK' and 'Amplified' contain new cocaine-type substances. As these substances have anaesthetic effects they fall within the scope of the medicinal products legislation. These products do not hold licences from the IMB or the European Medicines Agency. The IMB has been visiting head shops and removing these products from the market. The IMB has also been removing a number of other products from head shops which are known to contain medicinal products. My colleague the Minister for Justice and Law Reform last Friday published the Criminal Justice (Psychoactive Substances) Bill 2010. This bill will make it a criminal offence to sell or supply substances which may not be specifically controlled under the Misuse of Drugs Acts but which have psychoactive effects.

Question No. 60 answered with Question No. 49.