Catherine Byrne (Dublin South Central, Fine Gael) | Oireachtas source

I thank all the Deputies who have spoken on the amendment. The proposed amendments, if accepted, would mean that a person in possession of certain controlled drugs could not be prosecuted under the misuse of drugs legislation where the amount could be thought to be for personal use.

I fully understand and appreciate the intent behind the proposed amendment. However, overnight, it would become effectively legal to possess N-BOMEs, legal highs or any of the other drugs which were re-controlled by emergency legislation last year. In effect, it would mean that Ireland would be open for business for persons from Ireland and abroad wishing to buy and use drugs for personal use. We can all remember the national and international headlines from last year such as Ireland accidentally legalises drugs. We do not want to go back to that.

I have said many times that I also do not want to criminalise addicts. I have met many of them and have dealt with them all my life through my community work. As I have also said, however, the development of any policy to provide an alternative to criminalisation has to be carefully thought through. We have heard many speak during the debate about the Portuguese model. In Portugal, it is an offence to possess a small quantity of drugs for personal use. It is not a criminal offence, but it is nevertheless still an offence. There are other forms of sanctions which can be applied, as well as referral to addiction programmes.

This amendment removes the offence of possession and replaces it with nothing. It becomes a free for all. This amendment would mean that no matter how many times a person is apprehended with a quantity of drugs for personal use, that person cannot be prosecuted. What does for “personal use” mean? Is it for personal use today, for a week or a month? A person could possess a significant quantity of a substance, but argue that this is for his or her sole use. I cannot, therefore, accept this amendment. Legislation has to be carefully crafted to ensure that no unintended and undesirable consequences occur.

A change to our legislation on such an important matter requires careful consideration. I believe that a decriminalisation model in Ireland must be one that suits the Irish context and is evidence-based. I also believe that this kind of approach will only work if it is accompanied by timely treatment and harm reduction services, backed up by wrap-around supports which foster recovery.

An examination of the approach to drugs policy and practice in other jurisdictions will help to identify any additional evidence-based approaches which might be considered in an Irish context. The development of the national drugs strategy is the vehicle for doing this. I encourage every Deputy who has contributed to this debate in this House and in the Seanad to contribute to the consultation process which I will launch in September.

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