Dáil Éireann Debate, Tuesday - 18 April 2023
980. Deputy Richard Bruton asked the Minister for Justice if he is aware of the growing use of fast gas as a drug within communities; and whether her Department and the gardaí have a strategy to address it. [17333/23]
View answer987. Deputy John Lahart asked the Minister for Justice the legal status of nitrous oxide; and if he will make a statement on the matter. [17415/23]
View answer988. Deputy John Lahart asked the Minister for Justice what plans she has on the regulation and control of nitrous oxide; and if he will make a statement on the matter. [17416/23]
View answerI propose to take Questions Nos. 980, 987 and 988 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 this problem area in Ireland.
I can assure the Deputy that An Garda Síochána are aware of the issues surrounding misuse of nitrous oxide. I am assured by the Commissioner that Garda operations will continue to ensure the law with regard to the misuse of Nitrous Oxide and other drugs is upheld. I also know that 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.
Revenue's Customs Officers are responsible for monitoring and seizing importations of nitrous oxide into the State. 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 this, it is not a controlled drug under the Misuse of Drugs Acts or under the International Drug Conventions. However, 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.
A person who is guilty of an offence under this Act shall be liable on summary conviction to a fine not exceeding €5,000, or imprisonment for a term not exceeding 12 months, or both. On conviction on indictment, a person who is guilty is liable to a fine or imprisonment for a term not exceeding 5 years or both.
I have also been informed by Garda authorities that a number of significant seizures of canisters containing nitrous oxide have been made in recent years, however data on this is not available at this time.
I am informed that quantitative data cannot be supplied and that An Garda Síochána continue to liaise with Forensic Science Ireland with regards to forensic analysis of nitrous oxide.
An Garda Síochána continues to target those involved in the sale and supply of illegal drugs through Operation Tara, which has a strong focus on tackling street-level dealing across the country.
Operation Tara also focuses on disrupting and dismantling the drug trafficking networks that impact on our communities and prosecuting those involved, at every level.
I understand that Gardaí recently seized 2,000 canisters of nitrous oxide, along with €2.8 million in cocaine and charged four people under Operation Tara in Dublin.
