‘Aggressive’ garda policy cuts number of head shops

Just two head shops are now open in Dublin’s north inner city following an "aggressive" Garda policy in an area which had the highest concentration of such stores in the country, at one stage numbering 13. Gardaí said their strategy – together with last month’s ban on a wide range of legal highs – had led to a 75% drop in robberies, most of which they directly linked to addicts of head shop products. The development comes as the Government continues to tighten its squeeze on head shops. Last Thursday, Justice Minister Dermot Ahern published general proposals with the aim of banning completely the sale of any mind-altering drugs – except those that are already legal. Mr Ahern hopes to have the Criminal Justice (Psychoactive Substances) Bill passed into law by the summer, although it is not yet clear if that will happen. There are also predictions – including from Government ministers – that head shops may challenge the law in the courts. Garda figures suggest that 36 head shops are still operating throughout the country, from a high of 102 shops before the ban on May 11. The Irish Examiner reported last week that chemists had uncovered nine new powders and tablets on sale here which had replaced banned powders and tablets. But senior officers in the north inner city adopted a wide-ranging policy last March to pile the pressure on head shops in the area. The first part involved the divisional chief superintendent and the local superintendent visiting each shop and warning the owners they may be in breach of the law on reckless endangerment. The Non-Fatal Offences Against the Persons Act 1997 defines reckless endangerment as: "A person shall be guilty of an offence who intentionally or recklessly engages in conduct which creates a substantial risk of death or serious harm to another." The new bill uses this offence, but words it in the context of selling a psychoactive substance (see story above). The Irish Examiner can reveal that solicitors for five head shops wrote to the divisional officer claiming the gardaí were acting outside the law and that head shop owners were not acting illegally. Gardaí subsequently sent files to the Director of Public Prosecutions regarding the 13 head shops seeking directions on a charge or reckless endangerment. Gardaí have submitted evidence that head shop assistants gave advice on consuming legal highs labelled not fit for human consumption. A second part of the Garda campaign involved calling in landlords renting out premises to head shops and urging them to take responsibility. Gardaí also examined breaches of fire regulations. A Garda source described their strategy as "pro-active, bordering on aggressive" and that the third remaining head shop was due to close in three weeks. Local TD Joe Costello commended the Garda policy. "It’s excellent. They’ve been very proactive, taking it straight to the head shops, but within the existing legislation." Source: Cormac O'Keefe, The Irish Examiner, 07/06/2010