Oireachtas Joint and Select Committees

Tuesday, 9 July 2024

Committee on Drugs Use

Decriminalisation, Depenalisation, Diversion and Legalisation of Drugs: Discussion (Resumed)

7:00 pm

Photo of Michael McNamaraMichael McNamara (Clare, Independent) | Oireachtas source

I have one question for Ms Wilson regarding recriminalisation. If I understand it correctly, the provincial government took steps to enact legislation that would have prevented public substance use. You explained that it would not have prevented public substance use per se but that it would have enabled law enforcement officers to request somebody to stop using or to move on and use elsewhere. A failure to adhere to that request would become an offence. You pointed out that this was struck down by the courts or an injunction was secured. Was there then a view that this could not be brought about in another way or that there was no way to legislate to prevent use and that the only thing to do was to decriminalise? Alternatively, was it a classic stand-off between two branches of government when it is decided to do a thing in a certain way? Was there any further discussion about refining legislation or was it just a knee-jerk response to the court decision by the legislature?

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