Written answers

Wednesday, 8 February 2023

Department of Justice and Equality

Departmental Policies

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Social Democrats)
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317. To ask the Tánaiste and Minister for Justice and Equality if consideration is being given to banning the sale and importation of nitrous oxide canisters, commonly known as laughing gas, in view of its widespread use for recreational purposes by young people; and if he will make a statement on the matter. [5803/23]

Photo of Paul DonnellyPaul Donnelly (Dublin West, Sinn Fein)
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325. To ask the Tánaiste and Minister for Justice and Equality if there is a strategy to deal with the explosion of use of nitrous oxide, such as restricted sale of large cannisters, sale to minors, online sales and the restriction of sales to legitimate businesses, requiring warning labels. [5937/23]

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)
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I propose to take Questions Nos. 317 and 325 together.

As the Deputy will be aware, the Department of Health leads on Government policy in the area of drugs, and this policy is guided by the national drugs and alcohol strategy "Reducing Harm, Supporting Recovery - a health led response to drug and alcohol use in Ireland 2017-2025". This strategy represents a whole-of-Government response to drug and alcohol use in Ireland.

Implementation is led by my colleague, the Minister of State at the Department of Health, Hildegarde Naughton, and encompasses actions for all stakeholders, including An Garda Síochána and my Department.

The Deputy will also be aware that the Garda Commissioner is by law responsible for all enforcement operations by An Garda Síochána. As Minister, I have no role in such matters.

Nitrous oxide has various legitimate uses; medical, non-medical and industrial and, because of its legitimate uses, it is not controlled under the Misuse of Drugs Acts or under the International Drug Conventions. Under section 3 of the Criminal Justice (Psychoactive Substances) Act 2010, it is already an offence to sell, import or export a psychoactive substance for human consumption, including nitrous oxide.

The purpose of the Criminal Justice (Psychoactive Substances) Act 2010 includes the prevention of the misuse of dangerous or otherwise harmful psychoactive substances and the provision of offences relating to the sale, importation, exportation or advertisement of those substances. For example, the Act provides that a person who sells, or who imports or exports, a psychoactive substance knowing, or being reckless as to whether, that substance is being acquired or supplied for human consumption, shall be guilty of an offence. This Act does not provide for an offence for personal possession.

The Deputy may wish to note that the HSE and An Garda Síochána are aware of the issues surrounding nitrous oxide. The HSE is committed to increasing awareness of the health risks associated with substance misuse, including nitrous oxide, among young people, parents and youth organisations. Similarly, Revenue’s Customs Officers are aware of the misuse of nitrous oxide and are closely monitoring importations of the product into the State.

Photo of Martin KennyMartin Kenny (Sligo-Leitrim, Sinn Fein)
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318. To ask the Tánaiste and Minister for Justice and Equality if his Department intends to introduce a system, independent of the courts, to enforce payment child maintenance orders; and if he will make a statement on the matter. [5811/23]

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)
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As the Deputy may be aware, on 16 November, Minister for Social Protection Heather Humphreys and Minister for Justice Helen McEntee published the Report of the Child Maintenance Review Group.

On foot of its recommendations, a number of very significant reforms of the social welfare system in this field have been introduced, which will be of great benefit to lone parents.

In particular, as a result of its recommendations, child maintenance payments will be disregarded in the means test for social welfare payments. Lone parents are a particularly vulnerable group and this measure will mean that many parents currently on reduced rates of payment will see their payments increase.

It will also mean that some additional lone parents will qualify for a payment. It is estimated that this measure will be of direct benefit to approximately 16,000 lone parents, amounting to approximately €10 million per year.

The "efforts to seek maintenance" requirement will also be removed from the one-parent family payment and jobseeker's transitional payment. This requirement often involves having to go to court. This change will remove an additional stress for lone parents and will help to reduce the burden on our courts system.

In relation to the issue of child maintenance within the courts generally, the Department of Justice will undertake a review of the enforcement of child maintenance orders as an action in the Family Justice Strategy. This review will examine the scope for reform including examining whether measures can be taken to enhance the enforcement process. This work is already underway and is due to be completed this year.

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