Séamus Healy (Tipperary South, Workers and Unemployed Action Group) | Oireachtas source

I welcome the opportunity to speak and support this important emergency legislation, which arises from the Court of Appeal judgment today which struck down section 2(2) of the Misuse of Drugs Act 1977. The ruling indicated that the section impermissibly delegates the power to legislate for controlled drugs to the Government. The court reaffirmed the decision in the Cityview Press v. An Chomhairle Oiliúna and others, setting out that principle and policies tests continue to be the starting point to ensure that legislative power is not ceded by the Oireachtas under the guise of delegated regulatory power. It further indicated that the grant of delegated regulation must be circumscribed by appropriate statutory standards so that any policy decision is ultimately determined by the Oireachtas. The judgment indicated that section 2(2) of the 1977 Act gave wide powers to the Government without any principles or policies regarding the nature of substances which could be controlled.

The effect of the decision is that it is not now an offence to be in possession, for example, of certain head shop drugs as they are not now deemed to be controlled, because a Government order which made them illegal is now invalid. The legislation deals with the issue on a current basis and it will come into operation once it is signed into law by the President. We are thankful that the sale, supply and importation of these drugs is still illegal under the 2010 Act. Nevertheless, a number of questions arise. Will cases of possession now fail and do we have any indication of their number or seriousness? Deputy Pringle raised the issue of what will happen between now and the introduction of further primary legislation to cover this area. The Minister indicated that in 2012, some 73 new substances came on the market, as opposed to approximately 15 in 2005. It is important for us to know the timescale of further primary legislation that the Minister has in mind and what it is intended to do in the interim.

Other broader issues have been raised. Unfortunately and sadly, illegal drugs are now everywhere and the country is awash with them. They are causing absolute mayhem. There was a time when drugs were available in most urban areas but they are now available in every area, right across the country, even in the smallest town, village and country area. We need a complete review of the drugs strategy and we must address the question of policing. The Garda drugs unit is under-resourced and is now to be amalgamated with the serious crime squad, which will be detrimental to the activities of that unit. The question of community policing should also be addressed, along with community facilities. That is an important aspect, as prevention is much better than cure. The area has seen many cuts in the past number of years and supporting it should be a priority. The question of having a specific Minister with responsibility for drugs issues must be addressed urgently by the Taoiseach and Cabinet.

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