Mr. John O'Driscoll:

On the question of how matters would operate if there was not a head 10 provision in the Bill, the existence of such a head 10 provision would prevent the need to use other sections, which are not being put aside, as a result of the opening of the centre. If there was not such a head 10 provision, in particular circumstances we would have to use powers that are in place to enter the centre with a search warrant. That is why we have this type of provision applying to many premises that have a licence. If a similar situation arose in a public house and we did not have the power to enter it, we would have to use some other legislative provision. This allows for ease of access and a friendly interaction. We would argue it is one that will help the facility to operate in the way it is intended to operate. We can be trusted, I hope, to use our capacity to enter the premises with the same discretion that we use entering any other premises we can enter by way of a similar provision.

This provision is being introduced from a health perspective, but we are not qualified to say whether lives will be saved as a result of it. We accept the evaluation of the professional people who have the capacity to reach that conclusion. Beyond anything else, the Garda Síochána is there to preserve life. As I said, I worked in the north inner city and a Christmas tree is put up outside St. Joseph's Mansions with a star to recall each of those who have died from heroin use. If there are fewer stars on that tree in the years to come because of an initiative such as this one, we along with everybody else would be delighted if that were the outcome.

As far as back as 1996, a holistic approach was being adopted in the north inner city. At that time I sat around a table with Dr. Joe Barry, Tony Gregory, Christy Burke, who was then a member of Sinn Féin, Cyprian Brady from the Fianna Fail Party and representatives from all the political parties. There was a cross-party approach in terms of politics. It involved every Government agency interacting. While it was recognised the primary responsibility for law enforcement rested with the Garda, members of the force act, as we continue to do, through the national drugs strategy and with each of the other pillars, to offer whatever we can to ensure that, from a health, harm reduction and research perspective, we bring to the table whatever we can, in a common interest, to ameliorate and eliminate the drugs problem to the extent that this can be done. The first report of the ministerial task force on measures to reduce the demand for drugs, otherwise referred to as the Rabbitte report, has at appendix 3 a map that graphically displays that heroin use is very much associated with poverty and particular financial circumstances. We all agreed in all the State agencies that it needed this holistic approach even as far back as then. However long it has taken for initiatives such as this one to come forward, they are being put forward by those who have the qualifications to say that they will have the benefits that are being ascribed to them. We hope at the end of the pilot project that we will be able to report that they should be replicated.