Oireachtas Joint and Select Committees

Thursday, 13 June 2024

Committee on Drugs Use

Citizens' Assembly on Drugs Use: Discussion

9:30 am

Mr. Cathal O'Regan:

Earlier a question was asked about the degree to which the police should have discretion. The answer is that, in the two case studies we examined, Austria and Portugal, each country had a different legal mechanism but was achieving the same objective. The first point of contact in most cases in Austria and Portugal is the police. They do not have discretion and are required by law to refer the person to a health-led intervention. It is not a case of the police deciding who gets referred to the health system and who gets referred to the court system; everyone is referred to the health system, so the police do not have discretion. However, the police do have a role. That role is as the first port of call. In Austria, for example, school principals and others, if they find somebody in possession of drugs, have a legal responsibility to refer him or her to the health-led intervention.

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