Dáil Éireann Debate, Thursday - 16 April 2015
149. Deputy Róisín Shortall asked the Minister for Health the reason for the undue delay in introducing new regulations under the Misuse of Drugs Acts in order to address the wide-spread problem of street-dealing of benzodiazepines and Z-drugs; and the target month to which he is working to sign these regulations. [15080/15]
Amharc ar fhreagra150. Deputy Róisín Shortall asked the Minister for Health regarding proposals to introduce new regulations under the Misuse of Drugs Acts concerning the availability of benzodiazepines and Z-drugs, when the two rounds of consultation on these regulations took place; the issues that arose from these consultations; his plans to address them; and the steps he is taking to finalise these proposals. [15081/15]
Amharc ar fhreagraI propose to take Questions Nos. 149 and 150 together.
A substantial amendment to the Misuse of Drugs Regulations 1988 to deal with a wide range of issues, including the introduction of additional controls on benzodiazepines, was the subject of a consultation process in June and September 2012. As a result, draft Misuse of Drugs amendment Regulations were prepared and made available for further consultation on my Department's website in August 2013. Over 90 submissions from a wide range of organisations were received, some proposing legislative reform of a technical and complex nature.
Issues raised included whether criminalising persons for the possession of small amounts of benzodiazepines is an effective response to the problem of abuse; striking a balance between proper oversight and minimising the disruption for patients; agreeing changes to the proforma prescription to be used for schedule 2, 3 and 4 part 1 controlled drugs; and addressing differences of opinion regarding the maximum duration of a benzodiazepine prescription and the total treatment period/total quantity which may be dispensed.
Amendments to the Regulations were introduced in July and December 2014 to make provision for a number of issues which had been part of the consultation, including enabling authorised cannabis-based medicinal products to be used in Ireland.
While work continued on the remaining issues, including stricter controls on benzodiazepines, from the end of 2013 onwards, Departmental resources had to be reallocated to defending a constitutional challenge to section 2 (2) of the Misuse of Drugs Act 1977 under which Government may declare substances to be controlled, as well as making preparations for the introduction of emergency legislation in case this provision should be struck down. Following a Court of Appeal decision on 10 March which found section 2(2) unconstitutional, the Misuse of Drugs (Amendment) Act 2015 was urgently enacted to recontrol all substances which had previously been declared controlled by Government order, thereby restoring the status quo ante.
On foot of advice from the Attorney General, the 2015 Act also reconfirmed existing Ministerial regulations and orders made under the 1977 Act. These regulations and orders may now only be amended by primary legislation. Work is underway on drafting a second Misuse of Drugs (Amendment) Bill to amend section 2(2) and other sections of the 1977 Act. I expect to publish this legislation in the coming months with the intention of having it enacted later this year. I intend to bring forward appropriate controls on benzodiazepines and z-drugs after this second Bill is enacted. These regulations will be subject to the three-month EU notification period under the Technical Standards Directive.
