Public to have say on legality of drugs

Saturday, July 04, 2015

By Cormac O'Keeffe
Irish Examiner Reporter

The Irish public is being invited to have a say in what is thought to be the country’s first official examination of the decriminalisation of drugs for personal use.

The Oireachtas Justice Committee is seeking submissions from people and organisations on alternatives to the current model of criminalisation. It comes on the back of a committee trip to Portugal, where a delegation studied its model of decriminalisation of the possession of drugs.

A report published by the Justice Committee on the Portuguese system said the approach “has not resulted in an increase in drug-taking nor has it resulted in Portugal becoming a destination for drug tourists”.

It said the Portuguese government and police had also told them:

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The number of crimes directly related to drug addiction had decreased;
There was at least the same intolerance towards drug trafficking;
The number of HIV/Aids cases dropped dramatically.

The move by the committee, which is part of an overall inquiry into drug policy, marks another development into what has been a fringe political issue in Ireland until recently. The proposal moved into mainstream debate following the appointment of Labour TD Aodhán Ó Ríordáin as minister of state for the national drugs strategy.

The junior minister said the issue would be considered in both the drugs strategy, which is currently being reviewed, and the country’s foundation legislation on narcotics, the Misuse of Drugs Act, which he hopes to update by the end of the year.

Mr Ó Ríordáin is also considering proposals drawn up by the Ana Liffey Drug Project and the Bar Council regarding the creation of a medically supervised injecting centre, where it would be legal to possess drugs.

The minister is due to appear before a joint sitting of the Oireachtas justice and health committees on Thursday. The justice committee delegation conducted a three-day visit to Lisbon in May, meeting senior government health figures, police chiefs, and experts from the European drugs agency, which is based in the city.

The delegation comprised chairman and Fine Gael TD David Stanton, Independent TD Finian McGrath, Fine Gael TD Alan Farrell, and Fine Gael senator Martin Conway. Mr Stanton told the Irish Examiner the Portuguese model “seemed to be quite effective” and the issue should be debated here.

The committee report said possession of drugs for personal use was still an offence under the Portuguese model but was subject to civil or administrative sanctions.

Under the system, introduced in 2001, people can possess up to 10 days’ drug supply for personal use. Anyone found in possession can be referred by police to a Commission for Addiction Dissuasion, which comprises a social worker, psychologist and legal professional. The person may be required to undertake a treatment or educational programme.

Employers are offered tax breaks to employ recovering addicts and the State pays the employee an amount equal to the minimum wage.

The report said “an important component” is that people do not get a criminal record, affecting their employment and travel prospects. It said the system had “actually resulted in reducing costs to the state” as it brought to an end thousands of criminal investigations and court cases.

The deadline for submissions is August 7.

Tony Duffin, director of the Ana Liffey Drug Project, welcomed the consultation by the committee.

“Ultimately, the evidence internationally is that drug use is best dealt with primarily as a health issue and not as a criminal justice one,” he said. “It is this approach that brings the best results, in terms of both health outcomes and cost effectiveness.”

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For details on submissions click here