While I welcome the banning of legal highs by the government in June, many questions arise. In the Senate last month, Mary Harney stated that although her department would ban them immediately, it would take another three months at least for the EU to agree. This, she said, was because an immediate ban would constitute a restriction of trade under EU regulations. Seemingly the minister was not aware that there is a specific exemption for special circumstances in Directive 98/34/EC.


So, to assist the minister and her advisers, here are the details of this exemption: "For urgent reasons, occasioned by serious and unforeseeable circumstances relating to the protection of public health or safety, the protection of animals or the preservation of plants and, for rules on services, also for public policy, notably the protection of minors. A member state is obliged to prepare technical regulations in a very short space of time in order to enact and introduce them immediately without any consultations being possible."


Moreover, the principle of subsidiarity allows each member state to act in matters pertaining to the health of the citizens of the country. In matters of health, the role of the EU is one of support for member states, not one of policy making.


Surely our health minister and her advisers should be aware of these provisions, and act immediately to close these headshops as the Romanian government has done. The government is collecting VAT from the sale of these highly profitable legal highs. Blood money?


Grainne Kenny,


Hon president, EURAD,


Glenageary,


Dun Laoghaire