Dáil Éireann Debate, Thursday - 13 May 2010
15 Deputy Martin Ferris asked the Minister for Justice, Equality and Law Reform the position regarding his response to head shops; and if the Bill he has discussed with the media will alter the currently very slow process by which drugs are banned. [19651/10]
View answer17 Deputy Tom Hayes asked the Minister for Justice, Equality and Law Reform his legislative approach to the growing problem of head shops in the State; and if he will make a statement on the matter. [19426/10]
View answerI propose to take Questions Nos. 15 and 17 together.
As part of a multi-pronged approach targeting the activities of head shops, the Government made two important decisions earlier this week.
The primary vehicles for regulating psychoactive substances are the Misuse of Drugs Acts 1977 and 1984. Accordingly, the Government made an order declaring certain substances, including mephedrone, to be controlled drugs for the purposes of the 1977 Act. The Minister for Health and Children has made the necessary statutory instruments to control these substances, which include the mainstream of psychoactive substances being sold in head shops. The instruments make the possession and sale of these substances illegal and subject to criminal sanctions and they can be dealt with using all the powers available under the Misuse of Drugs Act.
However our experience with head shops has shown that new psychoactive substances can appear with little notice. These new substances can be exploited by suppliers who make them available without regard to the well being of the individuals or society at large before they are subject to regulation. I believe that the public safety issues are too serious to allow such a situation to arise again.
Accordingly, the Government has also approved my proposals for a general criminal justice response to deal with the supply of new psychoactive substances as they emerge, which will operate in addition to the Misuse of Drugs Acts controls. The Criminal Justice (Psychoactive Substances) Bill, which the Government has approved for drafting as a matter of priority, will bring the full force of the criminal justice system to bear down on the activities of head shops or any other supplier engaged in the sale of unregulated psychoactive substances.
Under the proposed Bill, I am providing that the sale or supply of unregulated psychoactive substances for human consumption will be a criminal offence. In addition I intend to give appropriate powers to the Gardaí and to the courts to intervene quickly in a non criminal procedure to prevent the sale of such products by way of appropriate prohibition orders. The Bill will also contain full search and seizure powers for the Garda Síochána and Revenue's Customs Service.
