Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source

I stand here today on behalf of my colleague, Deputy Jonathan O'Brien who, unfortunately, is unable to attend the House. We support both amendment No. 1 and amendment No. 2.

The treatment of addicts and users is first and foremost a health issue and not a criminal justice issue. I have articulated this on many occasions. Our focus in regard to the criminal justice system and drug misuse must be concentrated on suppliers and dealers. That is the area that needs to be addressed. I sincerely hope that we will proceed with the pilot injection centres, but it is a simple point of fact that if we are to proceed successfully then we must adopt this approach in law. To give credit where it is due, injection centres were championed by the last Minister of State with responsibility for drugs, the former Deputy Aodhán Ó Ríordáin, in the previous Dáil. I commend him on his openness and innovation and his correct stance on this matter.

I commend the second amendment in the name of my colleague, Sinn Féin's justice spokesperson, Deputy Jonathan O'Brien. I will be moving amendment No. 2, which is an addendum to page 3 of the Bill. It proposes to amend section 4 of the principal Act by inserting a new subsection (4) stating: "It shall be lawful for any person, or a person of a class or description specified in regulations under this section, to have in his or her possession a reasonable amount of a controlled drug specified therein, provided that it is for personal use." This is a very reasonable position, as is the first amendment which is being tabled in the names of colleagues, two of whom have already spoken regarding their amendment. The amendments largely reflect a similar position.

With regard to the purpose behind the legislation now under our address, I refer back to the last occasion on which such amending legislation was presented, in March 2015. I stated then and I reiterate now that we are on a hiding to nowhere if we address this particular matter in this way. We are endeavouring to catch up with the addition of different substances in the hope that we get the point at which the legislation is on a par with the criminal chemists. We are never going to be able to catch up with the criminal chemists. They will always be able to be that one step - and many more steps - ahead of the system of addressing the problems.

I do not want to be a party to criminalising unfortunate people who find themselves caught up in dependency and what is called substance abuse. I have seen the tragedies in my own community, with the loss of two young lives in my home town. With regard to dependency on synthetic cannabinoids such as "clockwork orange" and all the other little packs I have seen strewn on the paths of my home town as if they were cigarette butts, it is a frightening situation. As I have said on previous occasions, two deaths is two too many. We also face the prospect of further lives being lost, such is the grip that this cohort of drugs is taking in my community. It is a very serious problem indeed, which needs more than just a criminal justice solution. That applies to those who are the suppliers and dealers. However, people who are using on a daily basis and, because they are extremely addictive, become dependent upon the drugs, need a very different response from us, from society and from the State.

There may be some merit in taking a look at the most recent British legislation regarding how they address this matter. I have not had the opportunity to properly evaluate it, as it is only relatively recent in terms of its enactment. I believe the focus should not be on trying to catch up with the criminal chemists. We should be looking at addressing the impact or effect of the substances. It should not be the Garda or the law enforcement agencies, be they on this island or on the neighbouring island, who must always try to establish what in heaven's name is involved at any given time. We should be focusing wholly and solely on the suppliers and the dealers and, if we are lucky internationally, with the criminal chemists and those who are making huge profits from this most unacceptable business.

For those in my own community who I know are users and are dependent, I hope I represent their voices. On their behalf and to offer some hope of a change of course by these Houses at some point in the not too distant future, I will be supporting both amendments as tabled. I will be supporting the final passage of the legislation.

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