I move amendment No. 191:
In page 25, before section 58, to insert the following new section:
"58.—(1) Any person, not being a child, who sells, offers or makes available to a child or young person any volatile substance in circumstances in which it would be reasonable for that person to know or suspect that the substance will be or is likely to be misused by that child or young person in a manner which is likely to cause him to be intoxicated shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or to both.
(2) (a) Any person who sells, offers or makes available to a child or young person a volatile substance to which this paragraph applies, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or to both.
(b) The Minister may prescribe volatile substances to which paragraph (a) shall apply, whether in respect of children or young persons or both.
(3) Where a person is prosecuted for an offence under subsection (1) or (2), it shall be a defence for him to prove that he took reasonable steps to assure hismelf that the person to whom any volatile substance was sold, offered or made available was not a child or a young person, as the case may be.
(4) Subject to subsection (6), a court by which a person is convicted of an offence under this section may order anything shown to the satisfaction of the court to relate to the offence to be forfeited and either destroyed or dealt with in such other manner as the court thinks fit.
(5) A court shall not order anything to be forfeited under this section if a person claiming to be the owner of or otherwise interested in it applies to be heard by the court, unless an opportunity is given to him to show cause why the order should not be made.
(6) A member of the Garda Síochána may seize any volatile substance prescribed by the Minister under subsection (2) which is in the possession of a child or young person in any public place or any volatile substance (whether so prescribed or not) which is being misused by a child or young person in a manner likely to cause him to be intoxicated. Any substance so seized many be destroyed or otherwise disposed of in such manner as a member of the Garda Síochána not below the rank of Chief Superintendent may direct.".
The issue here is the very important one of the sale of solvents and the main point is in subsection (6) of amendment No. 191, whereby "A member of the Garda Síochána may seize any volatile substance prescribed by the Minister under subsection (2) which is in the possession of a child or young person in any public place or any volatile substance (whether so prescribed or not) which is being misused by a child or young person in a manner likely to cause him to be intoxicated. Any substance so seized may be destroyed or otherwise disposed of in such manner as a member of the Garda Síochána, not below the rank of Chief Superintendent, may direct."
I have not read the previous Bill but I understand this provision was contained in it. Therefore it might be said that the section as proposed is a watering down of the measures contained in the previous Children (Care and Protection) Bill. In reply to Questions in the Dáil in May the Minister stated that a report in 1986 showed that there were six deaths in different categories related to this and that because of the huge variety of consumer products which contain solvents it would be unrealistic to completely ban the sale of these products to children. We must be realistic if we want to make an impact on this problem. We must give the Garda the power to seize volatile substances. Controlling the sale and distribution of solvents is only part of the solution. I see the need for a major educational campaign to alert young people to the dangers of such substances.