asked the Minister for Health the plans he has to amend existing laws in order to make it reasonably possible to arrest drug pushers operating openly in the streets.

The special Governmental Task Force on Drug Abuse recognised the need for new legislation to tackle the problem of drug abuse. They highlighted, in particular, certain deficiencies in the Misuse of Drugs Act, 1977, and the need to amend that Act in order to deal more effectively with the problem.

The recommendations of the task force were incorporated in the Misuse of Drugs Act, 1984, which I introduced last year, together with desirable changes recommended by other parties concerned with controlling the drug problem.

I believe that the Misuse of Drugs Acts, 1977 and 1984, based as they are on informed opinion and perceived needs provide a sound legislative basis on which the problem of drug pushing can be tackled effectively.

I should add also that the Criminal Justice Act, 1984, provides for the amendment of the criminal law and procedure to deal more effectively with serious crime including serious offences under the Misuse of Drugs Act.

Deputy Gregory.

On a point of order, Deputy Hyland is standing in as our junior spokesman in the absence of Deputy Woods.

I called Deputy Gregory because he was the one I noticed first.

Is the Minister not concerned that heroin is being pushed openly in O'Connell Street? This has been well documented in some Sunday newspapers in the past four or five months. Is there a need either on the part of the Drug Squad or within the Minister's sphere in terms of amending legislation, to deal with this problem? Can the Minister explain why the problem continues in the main street of our capital, an area which to say the least, should be capable of being policed?

The Deputy is indulging in argument.

Can the Minister explain why this is happening and outline what action he considers can be taken to ensure that this national scandal is ended?

Much as we deplore it, we must accept that in our society there will always be an element of drug pushing. That is not to say that there should not be rigorous statutory penalties imposed on those arrested for drug pushing on the streets. The Misuse of Drugs Act came into operation only last August while the irresponsible prescribing provisions came into operation on 1 October last. Irresponsible prescribing is far more serious in many respects than drug pushing. Drug pushing in O'Connell Street is spectacular whereas the prescribing of drugs by a doctor in the privacy of his surgery is very unspectacular. There are provisions in the Criminal Justice Act that will have significant implications in regard to drug pushing. When all the provisions of that Act are in operation, for the first time there will be provision for strip searching with appropriate safeguards and controls so that pushers can be arrested and examined where they are suspected of concealing controlled drugs, that is, in their bodies which is the most customary way of hiding drugs. Equally, there will be provision under the Criminal Justice Act for majority jury verdicts because as the Deputy knows some jurors have been intimidated by drug pushers. At present the disagreement of only one juror is needed for a pusher to be acquitted. All that legislation was passed six or eight months ago but it is not yet in operation. However, neither the Garda nor the Department of Justice have complained to us to the effect that there are deficiencies in the existing legislation which would impede the arrest of drug pushers. The task force on drug abuse are more than anxious to apprehend anyone who is pushing drugs but it is as much a matter of education, parental influence, peer influence and the ending of deprivation in society as it is a matter of capturing the drug pusher.

Section 3 of the Misuse of Drugs Act is restricting the Garda in relation to arresting people found with small amounts of drugs on their person, especially the drug cannabis resin. In view of the organised and sophisticated way drug pushers are operating it is very seldom that people will be found with large quantities of drugs on their person. Unless the Minister amends section 3 of the Misuse of Drugs Act to enable the Garda to arrest people who have in their possession small quantities of cannabis or other drugs it will be more and more difficult for the Garda to implement the Act. Has the Minister any plans to amend section 3 of the Act?

I will review the section and will consult with the professional staff in the Department of Health and the Department of Justice. I have not had any approach with regard to section 3.

May we take it that the Minister will view this request with a degree of urgency? All of us recognise the seriousness of the situation with regard to drugs, particulary in Dublin. If the Garda are restricted in any way in pursuing drug pushers, surely the onus is on the Minister immediately to amend the law to facilitate the Garda in restricting drug pushing?

Certainly I will undertake a review of that section.