Emer Higgins (Dublin Mid West, Fine Gael)
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904. To ask the Tánaiste and Minister for Justice and Equality the policy in relation to the prevention of the online sale of psychoactive substances in cases in which it is clear from customer comments on the website that the substance is being acquired for human consumption; and if she will make a statement on the matter. [21425/20]

Helen McEntee (Meath East, Fine Gael)
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I am aware of the issues raised by the Deputy in connection with the online sale of psychoactive substances as well as the potential negative health implications on the unintended and unrestricted uses of these products. Indeed, I understand that the Health Products Regulatory Authority (HPRA) has recently issued an advisory in connection to the emerging trend in the usage of cream whipper cartridges containing nitrous oxide.

It should be noted that while the circumstances of particular cases connected with a product's supply and usage might come within the terms of the Criminal Justice (Psychoactive Substances) Act 2010, enforcement and prevention strategies are operational matters for An Garda Síochána and it would not be appropriate for me to intervene or comment on them.

I have been assured by the Garda authorities that they are taking all possible steps to address this issue. An Garda Síochána is aware that nitrous oxide has recently been raised by the Health Service Executive (HSE) as an emerging issue which has warned young people regarding the danger of using the substance. An Garda Síochána is aware of potential health issues that arise as a consequence of use of nitrous oxide, however, it should be noted that it is not a controlled substance under the Misuse of Drugs Acts.

An Garda Síochána, through the Garda National Drugs & Organised Crime Bureau (GNDOCB), interacts with the HSE and other relevant stakeholders, including the HPRA, where it observes particular trends in drug use that may require intervention on the part of the Department of Health or other relevant Department and/or State agency. In this regard, the GNDOCB is communicating with relevant state bodies relating to the possession and use by particular persons of nitrous oxide.

Maurice Quinlivan (Limerick City, Sinn Fein)
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905. To ask the Tánaiste and Minister for Justice and Equality the length of time it takes for suspected drugs seized by An Garda Síochána to be analysed at Forensic Science Ireland; and if she will make a statement on the matter. [21448/20]

Helen McEntee (Meath East, Fine Gael)
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Forensic Science Ireland(FSI) is an associated office of the Department of Justice and Equality and provides comprehensive scientific analysis, independent expert opinion, advice and training to support the Irish Criminal Justice system. FSI analyses submissions from a wide variety of cases including murders, significant drug seizures, aggravated assaults, suspected explosive devices and sexual assaults, and represents findings as expert witnesses in court.

As with Forensic Institutes in other jurisdictions, case submissions have increased in FSI over several years. Between 2017 and 2019 case submissions into FSI increased by 23% overall with drugs and toxicology cases increasing by 17%. This has been followed by further significant increases in 2020. While the overall increase in drugs submissions for 2020 year-to-date is 24% compared to last year, the increase in Section 15, 15A and 17 offences (relating to sale, supply or cultivation of controlled substances) is 37% for the same period. Urgent drug submissions, requiring no longer than 24-hour response (e.g. where suspects are in custody), have increased by more than 52% over the same period last year.

To manage this demand, FSI and An Garda Síochána have established an agreed prioritisation system for forensic work and this is represented in a comprehensive Service Level Agreement. This calls on FSI to focus on the most important cases and prioritise resources accordingly. This practice is common across forensic organisations in Europe. Within this agreement the need for prioritising analysis in more serious drug offenses, including section 15A (possession with intent to supply) and section 17 (cultivation) cases is clearly called out. Cases are prioritised on the basis of when the court date for the drugs offence is scheduled. For urgent cases a verbal report can be delivered within 24 hours.

Turnaround time statistics for 2020 are tabulated for January/February and from March onwards below. This is because specific operational measures had to be implemented within FSI in response to the Covid-19 pandemic. While the Service Level Agreement includes specific targets for Section 15A and Section 17 offences only, overall turnaround time is also presented for completion. It should also be noted that the turnaround time for urgent cases (e.g. where suspects are in custody) has been 100% within 24 hours throughout the year.

Since mid-March 2020, FSI implemented changes to work patterns and work practices. Based on the HSE guidelines, FSI can have no more than approximately 50% of staff in the laboratory at any given time. To support this requirement for physical distancing in the workplace, FSI implemented new work patterns and extended lab opening hours at night-time and weekends, significantly reducing the number of people in the lab at any time. FSI have also implemented remote working practices for report writing and peer review such that the time in the laboratory is optimised.

As the Deputy may be aware, FSI’s new facility in Backweston is under construction and is scheduled for completion in June 2022. This new facility supports the long-term workforce plan of FSI to grow capacity and to continue to improve the services it provides.

Emer Higgins (Dublin Mid West, Fine Gael)
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906. To ask the Tánaiste and Minister for Justice and Equality the legislation that prohibits the sale of alcohol online; the way in which legislation could be extended to prohibit the sale of psychoactive substances online; and if she will make a statement on the matter. [21455/20]

Helen McEntee (Meath East, Fine Gael)
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The position regarding online sales of alcohol is that where alcohol is purchased online and delivered, the same restrictions on the sale and supply of intoxicating liquor apply, including the restrictions in relation to hours of trading and the provisions in relation to the sale and supply of intoxicating liquor to young persons. There is no dedicated licence for online sales of intoxicating liquor but licensees of licensed premises may engage in on-line sales subject to certain restrictive conditions e.g. advance purchase and payment.

Under section 17(3) of the Intoxicating Liquor Act 2003, it is an offence for a licensee, with intent to evade the conditions of the licence, to take intoxicating liquor from the licensed premises for the purpose of its being sold on the account or for the benefit or profit of the licensee, or to permit any other person to do so. The penalty on conviction is a fine of up to €1,500 for a first offence and up to €2,000 for a second or subsequent offence.

Section 31 of the Intoxicating Liquor Act 1988, as amended, makes provision for offences relating to the sale and delivery of alcohol products to persons under the age of 18 years. It is an offence under section 31(2) for a licensee to sell or deliver, or to permit any other person to sell or deliver, alcohol products to any person for consumption off his or her licensed premises by a person under the age of 18 years in any place except with the explicit consent of the person's parent or guardian in a private residence in which he or she is present either as of right or with permission. On conviction for a first offence, a mandatory closure order of between two and seven days will be imposed by the court, together with a fine of up to €3,000. The penalties for a second or subsequent offence is a closure order of between seven and 30 days and a fine of up to €5,000. In addition, the licence holder is required to continue to pay staff for the duration of the closure period.

In relation to the sale of psychoactive substances online, An Garda Síochána, through the Garda National Drugs & Organised Crime Bureau (GNDOCB), interacts with the HSE and other relevant stakeholders, including the HPRA, where it observes particular trends in drug use that may require intervention on the part of the Department of Health or other relevant Department and/or State agency. In this regard, the GNDOCB is communicating with relevant state bodies relating to the possession and use by particular persons of psychoactive substances.

It should be noted that while the circumstances of particular cases that come within the terms of the Criminal Justice (Psychoactive Substances) Act 2010, enforcement and prevention strategies are operational matters for An Garda Síochána.