Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I welcome the opportunity to have this report. I begin by thanking the Joint Committee on Health and all its members for the incredible work they put into considering this issue and for the unanimous report they produced which we are debating today on the floor of the Dáil. The last time we met to debate the Cannabis for Medicinal Use Regulation Bill 2016, we agreed not to divide this House because there is much common ground between us. We all wish to help patients for whom medicinal cannabis may be a treatment option.

I again acknowledge the significant work undertaken by Deputy Harty and all the members of the committee on this Bill. The committee heard testimony from a number of interested parties, including the Bill's sponsor, Deputy Gino Kenny, the Department of Health, the Pharmaceutical Society of Ireland and the Health Products Regulatory Authority. The committee members carefully considered the views and concerns expressed and they went further in seeking their own legal advice on the Bill. While the committee has determined that the Bill has technical and implementation issues and that it may have unintended policy consequences it also decided unanimously that the best way to proceed is on the grounds of a compassionate access programme. Today, the Government finds itself in a rather bizarre position in that it supports the unanimous cross-party report on the Bill only to find out that the authors of the Bill may now have a different view on how to proceed. I am happy to tease that out because ultimately we all want to try to help patients who might benefit from the use of medicinal cannabis.

Deputy Gino Kenny said the intention of the Bill is to make cannabis available to patients, but he is aware there is a number of worrying provisions in the Bill, including references to recreational use of cannabis, as well as proposed amendments to the Misuse of Drugs Act which would mean that cannabis would no longer be a controlled drug and possession for personal or recreational use would not be an offence. It is important to remember that we are talking about cannabis and we should proceed carefully. As many of us are very much aware, cannabis is the most widely used illegal drug in this country and that it is younger people who are particularly at risk from the effects of cannabis use, which can damage their mental health and their future prospects in life. That is the medical evidence by the way not just my own view. I think that most people in this House would acknowledge that there are significant concerns about the prevalence of recreational use of cannabis among people in society. People can continue to distort this if they wish but while I strongly believe that Ireland should allow medicinal cannabis to be made available as a treatment option for certain medical conditions, I also strongly believe, that as Members of Dáil Éireann, we have a duty to be guided by evidence-based best practice and consequently we must follow the advice of the medical and scientific community on how best to make the wish I think we all share a reality in terms of people's health.

Deputy Gino Kenny's Bill also proposes the establishment of two new State agencies, namely, the cannabis regulation authority and the cannabis research institute. He has views in terms of how that could be addressed. Those provisions would be in my view an attempt to bypass the existing regulatory systems that are in place for health products. We discussed earlier the importance of those regulatory systems. Like the health committee, I too do not see the need for more regulators in the area of health products when the HPRA already has extensive experience in regulating products for medical use, including controlled drugs used in the health care setting. I have voiced those concerns in the past and the committee has similarly concluded that many of the provisions in this Bill would have undesirable consequences for the regulation and safe provision of health care so it is clear there is significant work to be done.

The question of providing access to cannabis products that are not authorised as medicines is a complex but important matter. While it has been reported that a lot of research has been carried out on the use of medicinal cannabis, there is much anecdotal evidence but not the type of clinical research that is the norm when medicines are authorised in this country or in other countries. There is still a lot that is not known about the side effects of cannabis and about its interactions with other medicines that patients may already be taking. Some cannabis products contain a chemical known as THC, which is psychoactive, meaning it has mind-altering effects and for that reason it is strictly controlled in this country under the Misuse of Drugs Acts. Other cannabis products that are of particular medical interest are those containing a single active ingredient known as CBD, which is not psychoactive and so is not controlled under the Misuse of Drugs Acts and can be prescribed by doctors without a need for a special licence.

Given the complexities involved, any measures put in place to allow access to cannabis for medicinal purposes will need to be done in a cautious and controlled way and with the appropriate level of medical involvement for patients with long-term illnesses. While we are looking for a solution to providing access to medicinal cannabis for those who need it, this has to be done with the appropriate involvement of medical consultants who are treating patients with complex illnesses. That is where this Bill and I part company. I want to put in place an access programme for medicinal cannabis that is authored by doctors. This Bill is an attempt to put in place legislation from politicians. We are not neurologists. I have brought people together to try to progress that view and to make sure we have clinical buy-in. I will address that in a moment. I think we all share a common desire to make progress on the issue of medicinal cannabis. We have accepted that approach and made progress as an Oireachtas in that regard. I and many of my Government colleagues and Deputies from across the House have met with patients and their carers who passionately believe that cannabis should be available as a treatment option for various health conditions. They want to do what is right for their patients, child, loved one or relative.

I wish to make clear once again that, while cannabis is not currently viewed under Irish legislation as a product having medicinal use, there are already provisions under the Misuse of Drugs Acts to allow an Irish-registered consultant to apply for a licence for cannabis-based products for an individual patient. The Chief Medical Officer, the top doctor, has advised that licences should only be granted in cases where a consultant has endorsed the proposed course of cannabis treatment. Such applications can be considered on a case-by-case basis. I have granted two licences for two separate individuals following receipt of valid licence applications. Any application I receive endorsed or supported by a consultant will be granted. That is the approach I have taken.

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