Michael McNamara (Clare, Labour) | Oireachtas source

The phrase "war on drugs" was coined by Richard Nixon 44 years ago in 1971. He said that drug abuse was public enemy number one. He told Congress that drug addiction had "assumed the dimensions of a national emergency," and asked Capitol Hill for an €84 million for emergency measures. The so-called war on drugs now costs the US Government more than €50 billion a year.

Yesterday in Vienna the UN Office on Drugs and Crime opened its 58th session of its Commission on Narcotic Drugs. The secretariat provided a report summarising the most recent information available to the United Nations Office on Drugs and Crime on the illicit global demand for drugs. In 2012, between 3.5% and 7% of people aged between 15 and 64 were estimated to have illicitly used drugs at least once in the preceding year. Since 2009, there has been an increase in the number of people illicitly using drugs, which reflects both an increase in the global population and a slight increase in the prevalence of drug abuse, while the number of problem drug users has remained stable. Recent trends relating to drug use in Europe show a decrease or stabilisation in the use of cannabis, cocaine, heroin and amphetamine-type stimulants, but an increase in the use of new psychoactive substances. Heroin use appears to be stabilising overall, but non-medical use of prescription opiates continues to increase in many regions.

It appears, 44 years into the war on drugs, that it is failing. It is failing on its own terms in that it is failing to stem drug abuse. It is also failing in Ireland, as we heard from Deputy Maureen O'Sullivan and Deputy Healy, and as most Deputies in the Chamber would agree. There is drug use and abuse in practically every town and village in this country. That is despite the fact that considerable Garda resources are dedicated to the war on drugs.

In a recent reply to a parliamentary question, the Minister for Justice and Equality stated that on 31 July 2014, the latest date for which figures are readily available, there were 259 people in the dedicated divisional drug units. The Minister also stated that resources were further augmented where necessary by a number of Garda national units such as the Garda National Drugs Unit, the National Bureau of Criminal Investigation and the Criminal Assets Bureau. Notwithstanding all of that, drug use continues to increase in the country.

I appreciate that emergency legislation has to be rushed through because of the Court of Appeal decision, but it is time for a fairly fundamental debate on how we tackle drug use and drug abuse in this State, because the current approach seems to be failing. We are not unique in that, as it is failing across most of the developed world.

Alternative approaches are being examined in countries such as Portugal. I am not entirely sure that they are successful, but they are successful to the extent that the existing resources are being used to tackle drug dealers. The drugs economy is now probably the third biggest economy in the world, far bigger than the economy of the trade in most other substances. It seems that it might be more beneficial to criminalise and dedicate the limited resources that are available to the import and export of drugs rather than individual users.

In 2006 the Garda adult caution scheme was introduced in Ireland. Included in this are a number of scheduled offences whereby, rather than mount a prosecution in the District Court, the Garda could issue an adult caution. They would do so only in circumstances in which they believed it was appropriate and where it was in the interests of the administration of justice. There were a number of scheduled offences; I believe there were nine in the original scheme introduced in 2006, including possession of a controlled substance pursuant to section 3 of the Misuse of Drugs Act, the controlled substance being cannabis resin. However, that was removed from the Garda adult caution scheme by the then Minister for Justice, Equality and Law Reform, Michael McDowell, who, when asked a parliamentary question, stated that the offence of possession of a controlled drug had been withdrawn prior to the implementation of scheme pending further consultation between An Garda Síochána, the Director of Public Prosecutions and the Department. Following a review in 2009, the scheme was extended to cater for a total of 20 offences, yet possession of a controlled substance still remains outside the ambit of the scheme.

The line-up for Electric Picnic was announced yesterday or the day before. I have no doubt that on the Monday after Electric Picnic there will be an emergency sitting of the District Court in one of the big towns nearby and many people will be charged with possession of a controlled substance, namely cannabis. I do not know whether that will help this State tackle drug abuse but I know it will hinder those people in getting jobs in the future and getting on with their lives. Significant resources will be tied up in the prosecution of those individuals at that District Court, because gardaí will have to go and give evidence. It appears that those very scarce Garda resources could be better used chasing the hardcore criminals who supply what is a growing market for drugs in Ireland, as it is in practically every other country in the world.

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