I move amendment No. 110:
In page 27, subsection (1), lines 26 to 29, to substitute the following paragraph for paragraph (a):
"(a) (i) ‘by the General Council of Medical Education and Registration of the United Kingdom ‘ in section 1 of the Pharmacopoeia Act, 1931, and
(ii) section 2 (3) of that Act; and ".
It is technical?
Yes.
I move amendment No. 111 :
In page 28, before section 40, to insert a new section as follows :
" (1) For the purposes of preventing the misuse of drugs, the Minister shall as soon as may be after the passing of this Act, establish in his Department a composite register of the names and addresses of all practitioners and pharmacists.
(2) The register established under this section shall be in such form as the Minister may prescribe by regulations.
(3) The Health Boards shall be responsible for monitoring any changes in the register and for the removal from the register of persons who have ceased to qualify for inclusion in the register and of persons who have died or emigrated.
(4) The register shall be revised annually.
(5) A copy of the register shall be made available to the National Advisory Committee on the Misuse of Drugs and to each practitioner and pharmacist".
My amendment seeks to have an effectual live register of practitioners and pharmacists available. I do not think the provision that the register be revised annually is there at present. It is to keep it up to date, prevent forging of prescriptions and impersonation that I move the amendment. It is a technicality that gives the responsibility for the register to the Minister instead of to the registration authorities.
Under the law as it stands it is left to the various registration councils.
I want the Department of Health to have a live register and that it be revised annually. This is necessary now because since we joined the EEC there is freedom of movement of doctors.
It is provided for already.
There is not an annual revision nor is there provision to remove from the register those who die or emigrate. I want the Minister to have an effectual register of those who are practising pharmacy and the three other professions here.
Do we not have to renew our registration each year?
To the GMC?
Yes. If we do not renew that registration, we would not be entitled to have our name on the list at all. That never struck me until now.
I do not know whether we can do this.
Does the Minister agree with what I have in mind?
Yes.
I want the Department to be in a position to remove those who die from the register.
The Deputy wants an up-to-date register.
Yes.
Is the Deputy saying that the GMC have not that?
I do not think there is provision made for the removal of someone who dies.
They have to be registered now if they wish to avail of free movement within the EEC.
A doctor cannot practise here unless he is registered.
I am informed that this would be the responsibility of the GMC.
What about making the register available to the health boards?
This information can be obtained by the health boards from the registration council. I assume I could not present myself for interview for a position with a health board without showing my credentials.
Could I withdraw the amendment and retain the right to put it down on Report Stage?
Yes.
I move amendment No. 112:
In page 28, before section 40, to insert a new section as follows:
"(1) (a) As soon as may be after the passing of this Act, there shall be established by the Minister a National Advisory Committee on the Misuse of Drugs.
(b) The Committee shall report to the Minister on the effectiveness of this Act in preventing the misuse of dangerous or otherwise harmful drugs in the State.
(c) The Committee shall investigate the medical treatment facilities in each Health Board area for persons affected by the misuse of drugs.
(d) The members of the Committee shall be appointed by the Minister and shall include——
(i) a member of the Judiciary,
(ii) a member of the Garda Síochána Drug Squad,
(iii) a registered medical practitioner, and
(iv) two Officers of the Department of Health.
(e) The Committee shall report to the Minister at six monthly intervals.
(2) (a) The Minister shall appoint a sub-committee in each health board area to report to the National Advisory Committee at least quarterly on the effectiveness of this Act in preventing the misuse of dangerous or otherwise harmful drugs in its area.
(b) The membership of each sub-committee shall consist of——
(i) a registered medical practitioner,
(ii) a member of the Garda Síochána Drug Squad,
(iii) a person engaged in the practice of pharmacy or in the pharmaceutical industry,
(iv) a medically qualified representative of the Drug Treatment Centre in the health board area, and,
(v) an officer of the Health Board."
This amendment requires the health board structure to come under the Department of Health and to see that there is a constant flow of information made available to the Minister with a view to monitoring the drug abuse scene. It also requires that the committee will be available to advise the Minister on the efficacy of this Bill when it becomes an Act, to try to harmonise the work of the health boards and to bring it down to a level of health board administration, which is the way our services are at the present time. The amendment appears lengthy but is quite simple : it is to have a committee to advise the Minister and I am recommending that the personnel of the committee be qualified to do this. If the Minister is prepared to accept the idea in principle, we would not pursue the constitution of the advisory committee.
There is, as you know, a committee called the Co-ordinating Committee on Drug Abuse which is under the chairmanship of Mr. Dermot O'Flynn, present chairman of the Eastern Health Board, and has among its members representatives of the Departments of Education, Justice and Health, the Revenue Commissioners, the Garda Drug Squad, the Health Board Psychiatric Services, the Pharmaceutical Society of Ireland and the Drugs Advisory Centre, Jervis Street, Dublin. This committee not only provides the Minister with advice in the area of the misuse of drugs, but also ensures that the problem is being dealt with effectively.
Does the Minister not feel that there should be some form of sub-committee of each health board to advise him on the efficacy of treatment and the facilities available to the health board areas?
I do not think we should embody this in legislation; it could be done administratively. The composition of the present committee is representative enough. It would be unnecessary to have a new type of board.
If you want to establish a statutory committee, it must be representative of all professions. You cannot do it just like that. You have to set out the proper procedures for the appointment of the chairman, quorum and so on.
This information would be available to the Minister at any given time.
Is there a representative of the psychiatric services on each health board?
The Department of Health and the health board psychiatric services are represented.
Does each health board have a psychiatric health service?
Yes.
Parliamentary questions can keep an eye on that.
It is a good idea to have a committee but not necessarily a statutory committee. When it is being set up the Minister could keep Deputy Dr. Byrne's ideas as to how it should be constituted in mind.
Under active consideration.
It would be a good idea to have a representative from each health board on the committee.
I move amendment No. 113 :
In page 28, subsection (1), line 11, to delete " Misuse of " and substitute " Control of Dangerous and Harmful ".
I thought this Title " The Misuse of Drugs Bill " a bit misleading because the Bill is more than that. What we are trying to do is control the use of dangerous and harmful drugs. I suggest we change the Title, but I will not push it too hard. The Title " The Misuse of Drugs Bill " has gone into common parlance.
The Title is as it should be.
But if the Minister had thought of my title originally, would he have accepted it?
The late Mr. E. Childers or Mr. D. O'Malley might have.
My title would be better and would convey more appropriately all the Bill intends. As this Title has already got widespread coverage, I do not wish to confuse the public further and will withdraw my amendment.
I move amendment No. 113a:
In page 28, subsection (3), line 19, to delete " section 32 " and substitute "s ections 32 and 34 ".
I move amendment No. 114:
In page 28, between lines 20 and 21, to insert the following new sub-section:
"(4) The Pharmacopoeia Act, 1931, section 35 of this Act, and section 39 of this Act in so far as it amends that Act, may be cited together as the Pharmacopoeia Acts, 1931 and 1975.".
I move amendment No. 115:
In page 28, subsection (4), lines 21 and 22, to delete "and section 39 of this Act, in so far as it amends the Health Act, 1970" and substitute "section 36 of this Act, and section 39 of this Act in so far as it amends those Acts".
I move amendment No. 115a:
In page 28, before the Schedule, to insert the following New Schedule:—
"SCHEDULE
Controlled Drugs
1. Acetorphine.
Acetyldihydrocodeine.
Acetylmethadol.
Allylprodine.
Alphacetylmethadol.
Alphameprodine.
Alphamethadol.
Alphaprodine.
Amphetamine.
Amylobarbitone.
Anileridine.
Benzethidine.
Benzphetamine.
Benzylmorphine. (3-benzylmorphine).
Betacetylmethadol.
Betameprodine.
Betamethadol.
Betaprodine.
Bezitramide.
Bufotenine.
Cannabinol, except where contained in cannabis or cannabis resin.
Cannabinol derivatives.
Cannabis and cannabis resin.
Chlorphentermine.
Clonitazene.
Coca leaf.
Cocaine.
Codeine.
Codoxime.
Desomorphine.
Dexamphetamine.
Dextromoramide.
Diamorphine.
Diampromide.
Diethylthiambutene.
Difenoxin.
Dihydrocodeine.
Dihydromorphine.
Dimenoxadole.
Dimepheptanol.
Dimethylthiambutene.
Dioxaphetyl butyrate.
Diphenoxylate.
Dipipanone.
Drotebanol.
Ecgonine, and any derivative of ecgonine which is convertible to ecgonine or to cocaine.
Ethylmethylthiambutene.
Ethylmorphine (3-ethylmorphine.
Etonitazene.
Etorphine.
Etoxeridine.
Fentanyl.
Furethidine.
Hydrocodone.
Hydromorphinol.
Hydromorphone.
Hydroxypethidine.
Isomethadone.
Ketobemidone.
Levomethorphan.
Levomoramide.
Levophenacylmorphan.
Levorphanol.
Lysergamide.
Lysergide and other N-alkyl derivatives of lysergamide.
Mephentermine.
Mescaline.
Metazocine.
Methadone.
Methaqualone.
Methylamphetamine.
Methyldesorphine.
Methyldihydromorphine (6-methyldihydromorphine).
Methylphenidate.
Metopon.
Morpheridine.
Morphine.
Morphine methobromide, morphine N-oxide and other pentavalent nitrogen morphine derivatives.
Myrophine.
Nicocodine.
Nicodicodine (6-nicotinoyldihydrocodeine).
Nicomorphine.
Noracymethadol.
Norcodeine.
Norlevorphanol.
Normethadone.
Normorphine.
Norpipanone.
Opium, whether raw, prepared or medicinal.
Oxycodone.
Oxymorphone.
Pentobarbitone.
Pethidine.
Phenadoxone.
Phenampromide.
Phenazocine.
Phendimetrazine.
Phenmetrazine.
Phenobarbitone.
Phenomorphan.
Phenoperidine.
Pholcodine.
Piminodine.
Pipradrol.
Piritramide.
Poppy straw and concentrate of poppy straw.
Propheptazine.
Properidine.
Propiram.
Psilocin.
Quinalbarbitone.
Racemethorphan.
Racemoramide.
Racemorphan.
Thebacon.
Thebaine.
Trimeperidine.
4-Cyano-2-dimethylamino-4, 4-diphenylbutane.
4-Cyano-1-methyl-4-phenylpiperidine.
N, N-Diethyltryptamine.
N, N-Dimethyltryptamine.
2, 5-Dimethoxy- ?, 4-dimethy-phenethylamine.
1-Methyl-4-phenylpiperidine-4-carboxylic acid.
2-Methyl-3-morpholino-1, 1-diphenylpropanecarboxylic acid.
4-Phenylpiperidine-4-carboxylic acid ethyl ester.
2. Any stereoisomeric form of a substance or product specified in paragraph 1 of this Schedule not being dextromethorphan or dextrorphan.
3. Any ester or ether of a substance or product specified in paragraph 1 or 2 of this Schedule.
4. Any salt of a substance or product specified in paragraph 1, 2 or 3 of this Schedule.
5. Any preparation or product containing any proportion of a substance or product specified in paragraph 1, 2, 3 or 4 of this Schedule.
6. In this Schedule—
‘cannabinol derivatives' means the following substances, except where contained in cannabis or cannabis resin, namely, tetrahydro derivatives of cannabinol and 3-alkyl homologues of cannabinol or of its tetrahydro derivatives :
‘coca leaf' means the leaf of any plant of the genus Erythroxylon from whose leaves cocaine can be extracted either directly or by chemical transformation;
‘concentrate of poppy straw' means the material produced when poppy straw has entered into a process for the concentration of its alkaloids;
‘medicinal opium' means raw opium which has undergone the process necessary to adapt it for medicinal use in accordance with the requirements of the Irish Pharmacopoeia, whether it is in the form of powder or is granulated or is in any other form, and whether it is or is not mixed with neutral substances;
‘poppy straw' means all parts, except the seeds, of the opium poppy, after mowing;
‘raw opium' includes powdered or granulated opium but does not include medicinal opium."
I move amendment No. 1 to amendment No. 115a:
In paragraph 1, to insert the following in the appropriate places: " Chlordiazepoxide ", " Diazepam ", and "Nitrazepam".
I will withdraw this amendment because I am happy the Minister has the power to include at very short notice any drug which is being abused.
I can take off or add on by regulation.
I move amendment No. 128:
In page 3 to delete lines 5 and 6 and substitute "AN ACT TO PROTECT THE COMMUNITY AGAINST CERTAIN DANGEROUS AND HARMFUL DRUGS, TO".
I was seeking for infinite clarity. I think the Bill has no concern with protecting the community as far as the Long Title is concerned. However, I do not propose to proceed with the amendment.
I move amendment No. 129:
In page 3, line 10, to delete "MAKE CERTAIN REGULATIONS" and substitute "PROVIDE THAT CERTAIN SUBSTANCES SHALL BE POISONS".
I move amendment No. 130:
In page 3, line 12, to delete "THE POISONS ACT, 1961" and substitute "THE PHARMACOPOEIA ACT, 1931, THE POISONS ACT, 1961, THE PHARMACY ACT, 1962, AND THE HEALTH ACTS, 1947 TO 1970".
The suggested report of the Committee is as follows:
The Special Committee have considered the Bill and have made amendments thereunto and have amended the Title to read as follows:
An Act to prevent the misuse of certain dangerous or otherwise harmful drugs, to enable the Minister for Health to make for that purpose certain regulations in relation to such drugs, to enable that Minister to provide that certain substances shall be poisons for the purposes of the Pharmacy Acts, 1875 to 1962, to amend the Pharmacopoeia Act, 1931, the Poisons Act, 1961, the Pharmacy Act 1962, and the Health Acts, 1947 to 1970, to repeal the Dangerous Drugs Act, 1934, and section 78 of the Health Act, 1970, and to make certain other provisions in relation to the foregoing.
The Bill, as amended, is reported to the Dáil.
Is the Draft Report agreed?
Subject to all the undertakings.
Indeed.
Report agreed to.
May I extend my gratitude, as Chairman, to Deputy Haughey, the Minister and all the members of the committee. The Minister had a heavy burden. Deputy Haughey has been very co-operative and constructive. Looking back at it, we have improved the Bill substantially and made it more socially enlightened and no doubt the Report Stage will do so even further. I thank the Clerk to the Committee, the staff of the Department and the Official Reporters who in respect of a complex measure tried to record the proceedings faithfully.
I should like to thank the Chairman for the manner in which he has conducted the Committee Stage. This has been a technical Bill and we have had a worth while exercise on it. It has been much more preferable to Committee Stage in the Dáil. I should like to thank Fianna Fáil and Fine Gael members and Deputy O'Connell for the manner in which they have dealt with the Bill. I should like to join with the Chairman in thanking the Clerk to the Committee, the Official Reporters and those of the Press who took the bother to come along and report our proceedings.
For this side I should like to add my thanks to the Chairman for the way in which he conducted the Committee, to the Minister and the staffs and Departmental advisers who helped us to get through this very detailed complex measure. On behalf of all on this side I wish to express gratitude to the Minister who has shown such an open-minded approach to all suggestions put forward by this side and by members of his own side. If we had that type of approach by other Ministers to other measures we would make much more progress. I agree with the Minister in regard to the Press and in particular to one member of the Press who was so assiduous in attending our meetings and reporting them so accurately and fairly. It is a pity more members of the Press did not see fit to give us the same attention.
Ordered to report to the Dáil accordingly. The Committee concluded its business at 6.20 p.m.
