Clare Daly (Dublin Fingal, Independent) | Oireachtas source

We have to consider this amendment in the context of the discussions and the very thorough work done by the Oireachtas Joint Committee on Justice and Equality last year on the drugs issue. It is never acceptable to say this is only now and we will come back and look at the bigger picture and change our approach in the future. Everybody has improved their understanding of this issue dramatically. The committee strongly recommended the introduction of a harm reduction and rehabilitative approach and said the possession of small amounts of illegal drugs should be dealt with by a civil and administrative approach rather than a criminal justice one. That was a cross-party view based on substantial work undertaken by the members of the committee, many of whom made a personal journey in their understanding of this issue. Why have committees if the Minister then recommends what is in essence the opposite of what the committee said?

Our amendment is completely in keeping with the committee’s analysis. If we are saying it is a health issue and needs to be dealt with in that way we must view it as such because of the dislocating impact on those who become the victims of a criminal justice approach. There are people in prison who have desperately sought to have treatment made available to them but the resources are not there to access that. I appreciate Deputy Chambers’ point that it is only the dealers but we are dealing with Garda discretion against the backdrop of many problems inside An Garda Síochána. The Garda already has powers of arrest for possession of other unlawful substances and it is not just the dealers who are targeted in this situation. It would not necessarily be the case under this legislation, although I understand the very specific circumstances in the inner city areas that have led the Government to introduce this Bill. I know many in the communities support it but it is a knee-jerk response, probably for the best of intentions. Unfortunately, when we do this it can have the most far-reaching unintended consequences and therefore our amendment is tabled to cut across that, and to ensure it would not happen and that people we do not want to victimise would not be victimised. I hope the Minister will accept the amendment in the spirit in which it is put forward.

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