Alex White (Dublin South, Labour) | Oireachtas source

As is well known, these issues are already covered under the Misuse of Drugs Acts 1977 and 1984. Under these Acts and the regulations made thereunder, the cultivation, production, preparation, sale, supply, distribution and possession of cannabis is prohibited, except for the purposes of research and the growing of hemp. The Government has no plans to alter or repeal the current strict legal controls on cannabis and cannabis products in Ireland. However, it recognises the claims made in respect of the potential health benefits of cannabis-based medicinal products such as Sativex for patients suffering from certain conditions such as multiple sclerosis. Accordingly, while it is not Government policy to legalise cannabis or its use, provision is being made for the availability of cannabis-based medicinal products by way of an amendment to the misuse of drugs regulations being finalised in my Department. This follows on from the receipt and assessment by the Irish Medicines Board of a request for authorisation for such a product to be available on the Irish market.

As Minister of State with responsibility for the national drugs strategy, I maintain close contact with all of the statutory agencies, Departments and the community and voluntary organisations involved in addressing the problem of drug and alcohol misuse in Ireland. Our work spans across the five pillars. Each of these aspects is of critical importance. In this regard, while law enforcement through the criminal justice system is an essential element of our policy approach, as is the case internationally, we must also pay close attention to the health and education dimensions of addressing drug misuse.

I am well aware of the international debate on this question. Earlier this year in Ecuador, representing the Irish EU Presidency, I co-chaired a conference held with the countries of Latin America and the Caribbean on dealing with the global drugs problem. Differing perspectives were expressed on many aspects of this extremely challenging issue, including on the subjects of legalisation and decriminalisation, in particular of cannabis. It is important for any government to be aware of international debates and experiences and we are no different from any other country in that regard.

Cannabis, cannabis extracts and cannabinoid substances such as THC which are contained in cannabis are subject to international controls in the 1961 United Nations Single Convention on Narcotic Drugs and the 1971 United Nations Convention on Psychotropic Substances. Ireland is a party to these international conventions and consequently has agreed to create and maintain offences for the supply and possession of controlled substances, including cannabis.

The case is sometimes made that criminalisation of drug use does not work, or even that it is counter-productive. As policy-makers, we should always be prepared to listen to reasoned argument. However, there is a significant body of clinical evidence which demonstrates that cannabis misuse is detrimental to health. Physical and mental health risks are particularly associated with long-term or heavy use of cannabis by young people. In 2004 the national advisory committee on drugs published a study entitled, Overview of Scientific and other Information on Cannabis, containing evidence that cannabis use was detrimental to health. This view has been supported in other international research. The risks include increased chances of developing lung and throat cancer, mental health illnesses such as schizophrenia, increased frequency of seizures in epilepsy, and depression. It can also lead to other health problems such as cardiovascular effects in susceptible individuals. The smoke from herbal cannabis preparations contains all the same constituents, apart from nicotine, as tobacco smoke, including carbon monoxide, bronchial irritants and cancer stimulating agents. There are strong indications that regular users of cannabis, but not tobacco, develop more symptoms of chronic bronchitis than do non-smokers.

Of particular concern to me and referred to by Deputy Maureen O'Sullivan are the findings of a 2011 NACD study of the increased potency of THC in cannabis product in recent years. There is evidence that cannabis produced in Ireland which can be grown quickly has a higher potency than imported varieties. The question of higher potency is also an issue for our UK neighbours who saw it as a compelling factor leading to the reclassifying of cannabis in 2009, thereby increasing penalties associated with possession and supply.

A central aim of the national drugs strategy is to promote throughout society greater clarity, awareness and understanding of the dangers of drug misuse. The promotion of healthier lifestyle choices among young people is at the heart of substance misuse prevention. I cannot overstate the importance of the work we do to try to prevent young people from becoming involved in drug use in the first place before it becomes an entrenched habit and a dysfunctional way of life. Making this drug available, even where subject to severe restrictions, could potentially lead to increased levels of experimentation with drugs by young people. This, in turn, could lead to increased long-term and sustained use, with the real risk of significant and adverse effect to the health of users.

We need to learn from our experience of new psychoactive substances. We are all aware of the proliferation of head shops in Ireland in the late 2000s. The increase in recreational use of new psychoactive substances posed significant potential risks to users. The fact that these substances were legal, hence the name "legal high", gave comfort to thos using them that they were not in breach of the law. The Government acted swiftly and decisively through controlling approximately 260 substances, as well as through the enactment of the Criminal Justice (Psychoactive Substances) Act 2010 which made it an offence to sell, import, export or advertise psychoactive substances. These measures led to a sharp decrease in the number of head shops. Law enforcement work continues in order to control the availability of these substances through the Internet and other means, but there is no doubt that reducing access plays a vital role in reducing usage.

The NACD overview of new psychoactive substances refers to survey findings indicating a pattern of reduced use of new psychoactive substances among a subgroup who may be described as "recreational" users. It is likely that this pattern of usage reflects the impact of the May 2010 Government ban on a range of substances. Accordingly, if we were to legislate to allow for the cultivation, sale and possession of cannabis, we would be acting contrary to our core policy objective of reducing availability and access to harmful drugs. It does not follow that legalisation of the kind being advocated would reduce the level of criminality associated with the illicit drugs market. Were cannabis to be legalised, it presumably would be very strongly regulated, possibly heavily priced, and with a much lower potency level. The illicit market would, no doubt, continue, and provide a cheaper and stronger product. Consequently, any benefits such as those suggested by Deputy Flanagan must be set against the likely continued existence of an illicit and indeed criminal market.

As I have already stated, Ireland is a party to International conventions on the control of illicit drugs. In this respect, the EU Justice and Home Affairs Council of Ministers adopted a resolution in 2004 requesting member states to take measures to discourage personal use of cannabis, so Ireland's position cannot be considered purely in our own national context. We cannot act in isolation and we must be conscious of the position of other EU states.

It is worth noting that we now have a comprehensive Government framework setting out a vision for a healthy Ireland, and the actions we need to take in order to attain this vision. Our objective is to improve the health and well-being of the whole population, increasing the proportion of people who are healthy at all stages of life and protecting them from threats to health and well-being. We need to minimise all risk factors if individuals are to be supported and motivated to make healthier choices.

To briefly respond to the contributions of colleagues opposite, I repeat what I have already said about the absolute propriety of our having a debate in this House on these issues. I would like for us in the Oireachtas to be able to engage in debate across all the various threats, issues and challenges that we face in the drugs and alcohol area. I was delighted recently to see the Government approving a set of proposals brought forward by me in the alcohol area, and for the first time we will have a public health (alcohol) Bill. It will be the first time in this country that we will address the alcohol issue in public health legislation, including some of the matters raised by Deputy Mattie McGrath some moments ago in respect of access in supermarkets and so on. There is absolutely no objection to debate.

With respect to Deputy Flanagan, there is no reality in suggesting that legalisation of cannabis is not a radical proposal. Whether one agrees or disagrees with his proposal, it is nonetheless radical, and it is not credible to ignore completely the health evidence, as Deputy Flanagan has done. He made no reference to it in the course of his speech.

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