Willie Penrose (Longford-Westmeath, Labour)

I thank Deputies Joe Costello, Robert Dowds and Michael Conaghan for raising this important issue. I understand the replies are in transit. I offer my apologies for any delay.

On behalf of the Minister for Justice and, Equality, I thank the Deputies for raising this important matter, in which they all have a long-term interest. The Government's approach to tackling the problem of drug misuse is through a co-ordinated and integrated approach under our National Drugs Strategy (interim) 2009-2016. Responsibility for overseeing the implementation of the NDS is under the remit of my colleague, the Minister of State at the Department of Health, Deputy Róisín Shortall.

The strategy seeks to tackle the harm caused to individuals and society by the misuse of drugs in a comprehensive and integrated way through a pillar-based approach of drug supply reduction, prevention, treatment, rehabilitation and research measures. Drug treatment courts can have a role to play in both the treatment and rehabilitation of offenders and by extension can impact positively in the fight against crime.

The Government believes that the actions set out in the strategy continue to facilitate a planned and monitored approach to achieving the overall strategic objective and aims of our drug policy. The current drugs strategy is an interim one as work, which is being overseen under the remit of the Department of Health, is well underway in the development of a new combined policy framework which will address both the issues of alcohol and illicit drugs in a new combined policy framework.

The Drug Treatment Court, which originally operated on a pilot basis in the north inner city of Dublin, operates in Dublin 1, 7 and parts of Dublin 3. The court uses a multi-disciplinary approach involving staff from a range of agencies charged with dealing with various aspects of the problem of drug misuse. The court's mission is to provide supervised treatment, education and rehabilitation for offenders with drug problems, as an alternative to prison.

The programme lasts for a minimum of 12 months. It is aimed at people with drug addiction problems who come before the District Court on minor criminal charges linked to their drug addiction and who plead guilty or have been convicted of the charges. To be successful the participant needs to demonstrate a willingness to become free of non-prescribed drugs and to make a permanent change in lifestyle. Assessments carried out to establish suitability for inclusion on the programme take an average of 10 weeks. The main incentive for participants is the knowledge that outstanding charges will be struck out if the participant successfully completes the programme and does not re-offend in the 12 months following graduation.

The programme operates on a points system designed to encourage the participants towards successful completion of the programme. Follow-up support includes 12 months post-graduation supervision. There is no formal procedure in place to monitor offences beyond that period, however, indications are that participation in the programme is linked to a decrease in criminal activity. The court operates with the assistance of an inter-agency team which includes the judge, a probation officer, an addiction nurse, a Garda liaison officer and education-training representative and counsellors.

The Department of Justice and Equality completed a review of the operation of the Drug Treatment Court in 2010 which provided evidence that the court can have encouraging outcomes. Participants who engaged with the programme had reduced rates of recidivism and improved health, education and social skills which impacted positively on themselves, their families and the community.

However, the review also expressed serious concerns relating to the throughput and graduation levels from the court which have not come close to achieving the volume originally expected. It should be noted that on the establishment of the court in 2001, the planning committee had envisaged a potential enrolment of 100 participants in the first year. From establishment to date, 236 persons have participated in the programme with only 36 graduates. A further 209 persons were referred but found to be unsuitable to participate in the programme.

The Drug Treatment Court programme is a restorative justice initiative and the success of such programmes should not and cannot be assessed simply in terms of throughput. Nonetheless, it was clear from the review and the data that some adjustment of its operations was essential. The review identified particular issues to be addressed in terms of the management and operation of the court to fulfil its potential by both increasing the numbers participating in the programme and the numbers who successfully complete it.

Since the report was published a good deal of work has been done to implement its recommendations. An advisory committee chaired by the Courts Service and comprising senior staff members of An Garda Síochána, the HSE, the Probation Service and the City of Dublin VEC was established to monitor and report on implementation. Significant effort has gone into promoting the court and to developing the programme itself to achieve improved outcomes within the existing catchment area. The committee is exploring the further expansion of the court. However, this can only be done in line with the availability of the necessary services, particularly the essential drug treatment services to be agreed and provided by the HSE.

The Drug Treatment Court programme has also been redesigned. The new programme contains a set timeframe and deadline for participants progressing through the four steps. The participants should complete the programme in a maximum of three years with a view to remaining drug free.

I appreciate that the Deputies realise the value the court can bring to the clients who come before it. The supervision is intensive and successive district judges and the court team have done an excellent, painstaking job in helping these people along the road to recovery. The team's commitment is very genuine and wholehearted. The positive outcomes that can be achieved must be taken into account. The Minister for Justice and Equality has indicated that all of these factors will be borne in mind in determining what happens in relation to the court. The Department of Justice and Equality report completed last year recommended that the programme continue for a further two years subject to implementation of the recommendations. The Minister informs me that this will be subject to review in 2012 to ensure that the necessary adjustments are delivering results.

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