Bill not enough to close down head shops, FG warns

A crackdown on head shops will not put them out of business fast enough, Fine Gael last night warned.

The party’s justice spokesman Alan Shatter said the Government’s plans were too slow and cumbersome and would continue to put youngsters at risk.

Mr Shatter has tabled amendments to the Criminal Justice (Psychoactive Substances) Bill to shut what he claims is a time lag loophole in the legislation.

"No head shop will be closed any time soon under these laws. This is because prior to the court making any closure order, the measures first require either the criminal conviction of a head shop owner, or the making of a court order to prohibit the sale of psychoactive substances and a subsequent conviction due to such order being violated."

"We want the gardaí, without unnecessary delay, to apply to the courts for closure orders where psychoactive substances continue to be sold after the bill’s enactment.

"We also want special District Court sittings to make head shop closure orders during the month of August when the courts are usually closed for the vacation period," he said.

Justice Minister Dermot Ahern insisted he was determined to close down the head shop business as quickly as was legally practicable.

He told the Dáil the number of head shops had slumped from 102 to 36after a clampdown in May, but the figure had risen sharply again to 44 since then. Mr Ahern promised his legislation would criminalise the sale of psychoactive substances and also check the expansion of the head shop trade.

The bill makes it an offence to sell, import or export unregulated psychoactive substances for human consumption, and Mr Ahern stressed it would restrict internet sales of such substances and home delivery. "I am providing powers for the gardaí and the courts to issue prohibition and closures orders in respect of persons or premises where the sale of such products continues despite notice to cease," the minister told the Dáil.

Fine Gael frontbench spokeswoman, Catherine Byrne, expressed concern the bill only "scratched the surface of the problem" and the country was losing "the war on drugs".

Sinn Féin justice spokesman Aengus O Snodaigh warned the legislation did not adequately deal with the problem and would be successfully challenged in the courts.

Source: Shaun Connolly, The Irish Examiner, 03/06/2010