Niall Collins (Limerick, Fianna Fail)
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Question 710: To ask the Minister for Health when he expects the misuse of drugs legislation to be updated to tackle the street sale of Benzodiazepines; and if he will make a statement on the matter. [36807/12]

Róisín Shortall (Dublin North West, Labour)
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A person who has in his possession a prescription medicine containing a substance controlled under the Misuse of Drugs legislation for the purpose of selling or otherwise supplying it, is guilty of an offence under that legislation. Under the Medicinal Products (Prescription and Control of Supply) Regulations, it is prohibited for a person to supply a prescription medicine except in accordance with a prescription and the supply must be made from a registered pharmacy by or under the personal supervision of a registered pharmacist. A person who contravenes these Regulations is guilty of an offence.

My Department is reviewing the Misuse of Drugs Regulations with a view to imposing additional controls on certain prescription drugs such as benzodiazepine and z-drug medicines being traded illicitly. Part of that review includes a wide-ranging consultation process with key stakeholders, including the IMB and the Department of Justice as well as Customs and the Garda Siochána, on proposed amendments to the Regulations. These proposed amendments include the introduction of an offence of possession as well as import and export controls on such drugs, thereby assisting the law enforcement roles of Customs and of the Garda Siochána. The views expressed during the consultation process, now nearly complete, will be considered in any decision taken regarding amendments to the Misuse of Drugs Regulations. In accordance with EU law, it may be necessary to notify the EU Commission and Member States of the proposed regulations which would impose a 3 month standstill period on the making of the regulations.

While it is impossible to state when the amending regulations will be finalised, the matter is being progressed as quickly as possible in my Department. I can assure the Deputy that the enforcement of the law relating to the sale of drugs, including prescription drugs, continues to be a priority in the Government's commitment to tackling the issue of drug misuse in this jurisdiction.