Department of Justice accused of ‘laziness’ in slow passage of nitrous oxide Bill

Delay to legislation to regulate ‘laughing gas’ will make abuse problem worse, Dáil hears

Nitrous oxide, or laughing gas, can lead to neurological, balance and mental health conditions in users. Photograph: PA
Nitrous oxide, or laughing gas, can lead to neurological, balance and mental health conditions in users. Photograph: PA

A nine-month delay in considering a Bill to regulate nitrous oxide, or so-called laughing gas, would result in its abuse “epidemic” getting worse, the Dáil has heard.

Sinn Féin TD Mark Ward, who introduced the Sale of Nitrous Oxide and Related Products Bill, accused the Government of “kicking the can down the road” and said it should be referred to committee “to tease out any issues”.

Labour’s justice spokesman Alan Kelly said it was “downright lazy” for the Department of Justice to take so long.

The Bill requires sellers to be licensed and allows purchases only by an approved list of buyers. Nitrous oxide is legal and used in catering and for medical purposes.

Mr Ward said that as the issue had become an increasing problem, the Government had failed to act.

‘Laughing gas’ may be added to list of drugs tested for at roadside Garda checkpoints ]

The Dublin Mid-West TD said young people inhaled the gas through balloons and it “cuts off oxygen to the brain”, giving a light-headed effect.

He said the gas formerly came in small silver canisters of eight grammes. “But this has changed, because of lack of regulations”, into supersized canisters of 670 grammes or more, he said.

Mr Ward pointed to a significant increase in the last five years in the numbers of young people presenting at hospital emergency departments with neurological, balance and mental health conditions. In some cases there were life-altering conditions.

Sinn Féin TD Denise Mitchell spoke of canisters being found in parks and fields. Parents were having to clear GAA and soccer pitches before matches could be played, she said.

The Dáil also heard of users having “frostbite” burns when the gas was inhaled cold, damaging mouths, lungs and tissue.

Tallaght Hospital reported 18 cases in the past 12 months of young people presenting with neurological conditions.

Sinn Féin justice spokesman Matt Carthy said the problem was worsening with the involvement of organised crime. “Revenue and Customs have said that more than 1,000 large canisters are being seized at ports every week,” he said.

The Bill is similar to legislation introduced in the Netherlands in recent years.

Minister for Justice Jim O’Callaghan, however, defended the time lag, saying the department had only seen the legislation in the past week and would need time to consider it.

Mr O’Callaghan, who said anyone taking nitrous oxide was “playing Russian roulette with their health”, told Mr Ward the sale of the gas for human consumption was already illegal and was covered by a number of Acts, including the Psychoactive Substances Act.

It is also illegal under the 1991 Child Care Act to sell it to under-18s for the purpose of causing intoxication.

He said the EU would, from February next year, apply a new classification for the drug and designate it a substance that can harm reproductive health and cause damage to the nervous system.

He said the Bill’s “administrative architecture” would impose a “considerable regulatory and financial burden on reputable sellers, as well as significant cost to the Exchequer”.

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Marie O’Halloran

Marie O’Halloran

Marie O’Halloran is Parliamentary Correspondent of The Irish Times