Drug Reforms To See First Time Users Referred To HSE

Major changes as to how people found in possession of drugs for personal use are dealt with have been announced.

The Government's "health-led" approach will see users referred to the Health Service Executive (HSE) on the first occasion they are found with drugs, for a brief intervention and health screening.

On the second occasion, Gardaí would use their own discretion to issue an adult caution rather than pursuing a prosecution.

Announcing the reforms today, the Minister for Health Simon Harris, Minister for Justice Charlie Flanagan and Minister of State for the National Drugs Strategy Catherine Byrne insisted the changes do not amount to decriminilisation.

Minister Harris said: "This approach will not decriminalise drug use; it is a mechanism to defer people to health and social services for help and support.  Minister Flanagan, Byrne and I are very clear that there are no plans to legalise any type of drugs, including cannabis."

Welcoming the decision, Minister Flanagan said: "I am grateful to the Chair of the Working Group, Judge Garrett Sheehan, and his colleagues who gave a great deal of consideration to this complex issue. I am very pleased that we are in a position to build on the work already done to try to reduce the amount of people ending up with a criminal conviction for first time simple drug possession offences, while at the same time continuing to take a very tough approach against those who supply those drugs to often vulnerable people in our communities. 

"While we seek to help vulnerable people who use drugs, we will continue the relentless pursuit of drug dealers and I intend to develop an increasingly punitive approach to those who seek to involve children in drug related crime.  My officials are currently examining the potential to develop legislative proposals in this area, taking account of international best practice."

Minister Byrne added: "The decision to introduce a health diversion for persons in possession of drugs for personal use is a hugely important step in developing a public health approach to drug use in Ireland.  I am very pleased that we are delivering on this key commitment from the Programme for Government which forms the cornerstone of our National Drugs Strategy.

"Drug addiction is an illness and touches many families and communities. That is why it is so important to break down the stigma associated with drug use and to show compassion in difficult circumstances."

In response, Labour Party Senator Aodhán Ó Ríordáin has said the Government's "three strikes and you're out" approach to personal use of drugs is destined to fail.

Senator Ó Ríordáin said: "The Government had a once in a generation opportunity to radically change our approach to drugs policy and they have failed abysmally.

"It is absolutely ridiculous that recommendations within their own report stating that custodial sentences for drug use be abandoned have been ignored.

"No matter how many ways they try to spin it, it is clear that that the Government still feel that you can police someone out of addiction.

"If someone is consistently found to have drugs on their possession, then that person has an addiction - using a three strikes approach feeds again into the victim-blaming model which has failed so spectacularly in the past.

"This is not a human rights-based approach. This will not save lives. It gives the appearance of compassion while pursing the same bankrupt approach which has the criminal justice system at its core.

"No matter how progressive Fine Gael want to come across on drugs, their actions show that they just don't get it."



(JG/CM)