Dáil Éireann Debate, Tuesday - 14 July 2026
560. Deputy Pádraig O'Sullivan asked the Minister for Justice, Home Affairs and Migration the number of prosecutions and convictions under the Criminal Justice (Psychoactive Substances) Act 2010 in each of the years from 2020 to 2025 in respect of the sale or supply of nitrous oxide for its psychoactive effects; and if he will make a statement on the matter. [53342/26]
View answerThe Criminal Justice (Psychoactive Substances) Act 2010 aims to prevent of the misuse of dangerous or otherwise harmful psychoactive substances and provides for offences relating to the sale, importation, exportation or advertisement of those substances. The Act provides that a person who sells, or who imports or exports, a psychoactive substance, including but not limited to nitrous oxide, knowing or being reckless as to whether that substance is being acquired or supplied for human consumption shall be guilty of an offence.
That legislation also provides An Garda Síochána with powers in relation to the issuing of prohibition notices to a person engaged in selling, importing, exporting, or advertising nitrous oxide, or any psychoactive substance, for human consumption. Where a person fails to comply with such a notice, a member of An Garda Síochána can apply to the District Court for a closure order. The 2010 Act also provides a member of An Garda Síochána with powers of entry, search, seizure and detention, powers to search persons and vehicles and powers of arrest for obstruction where, with reasonable cause, they suspect a person of committing an offence under the Act.
I am advised, by the Garda authorities, that nitrous oxide is not specifically captured under a structured field on the Garda PULSE system. As a result An Garda Síochána are not in a position to provide the number of people who have been charged for the misuse of nitrous oxide or the number of people that have been charged specifically for the sale, importation, exportation or advertisement of nitrous oxide.
Revenue Customs Officers are responsible for monitoring and seizing importations of nitrous oxide into the State.
The HSE and An Garda Síochána remain aware of the issues surrounding nitrous oxide misuse, and the HSE continues to support awareness of the associated health risks among young people, parents and youth organisations.
The Department does not record data relating to convictions, as this is a function of the courts.
To be of assistance I have referred this question to the Courts Service for their direct reply to the Deputy.
The Deputy may also wish to note that the Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas: oireachtasenquiries@courts.ie
