Dáil debates

Wednesday, 31 January 2024

Misuse of Drugs (Cannabis Regulation) Bill 2022: Second Stage [Private Members]

 

10:10 am

Photo of Hildegarde NaughtonHildegarde Naughton (Galway West, Fine Gael) | Oireachtas source

I move amendment No. 1:

To delete all words after "That" and substitute the following: "Dáil Éireann resolves that the Misuse of Drugs (Cannabis Regulation) Bill 2022 be deemed to be read a second time this day nine months, so as to allow sufficient time for the report of the Citizens’ Assembly on Drugs to be considered by the Oireachtas.".

I welcome the opportunity to update the Oireachtas with regard to drug policy and to highlight the progress made on implementing the national drugs strategy, Reducing Harm, Supporting Recovery. As we are all aware, the misuse of illicit drugs affects every part of society, whether urban or rural, disadvantaged or affluent.

The misuse of drugs has devastating consequences for not only the individual grappling with addiction, but also for their families and the communities in which they live.

We are all aware of the consequences: poor health and mental health outcomes for people in addiction, families torn apart, profiteering by unscrupulous gangs from the misery of others and drug-related intimidation in communities. I appreciate there are many challenges, but as Minister of State with responsibility for the national drugs strategy, I am committed to building on the progress already made. I have long held the view that we as a society have needed to have an open and honest conversation about drugs. Ensuring that the voices of those with lived experience and the voices of young people are heard is key to putting in place an appropriate response.

As the House is aware, last year the Government established the citizens' assembly to consider and make recommendations on the legislative, policy and operation changes the State could make to significantly reduce the harmful impact of illicit drugs on individuals, their families, communities and wider society. The report of the citizens' assembly was published last week and makes 36 recommendations, including that the State introduces a comprehensive health-led response to drugs.

This is a landmark report to assist in the further development of policy on drug use in Ireland. Choosing to have a citizens’ assembly on drug use demonstrates the seriousness and gravity that the Government gives to this issue and its awareness of the impact of drugs on all corners and sections of society. It also began the open and honest conversation that has been so badly needed and which will continue now in the Oireachtas special committee. There is an onus now on the Government to consider the deliberations of the citizens' assembly in order that it can enhance the response to drug use from a policy, legislative and service delivery perspective. I am committed to leading on this response. I will actively engage with Government colleagues and Oireachtas Members on the response to this report.

But as we can see from the assembly’s report, drug misuse is a complex issue. There are no easy or straightforward solutions. Clearly, we need more services to be provided and greater efforts must be made to prevent the use of drugs. That is why, in 2024, I am providing an additional €6 million for drug services to implement the national drugs strategy. This brings the total new spend on drug services to €11.75 million since 2023. I also last year launched the first national drug prevention and education programme, which will fund five demonstration projects in school, community and nighttime social settings.

People grappling with addiction face different challenges. Some may have the support of family, others may not. Some may be in employment while others struggle to secure a job because of the nature of their illness. Access to education can also be an issue. The nature of addiction is different for each affected person. For example, there are people who not only have an addiction to drugs but who also struggle with their mental health. I have secured funding this year to help these people with a dual diagnosis, with a particular focus on younger people.

While I have secured additional funding to provide more treatment episodes for those in need, we know there are gaps in service provision. That is why I have asked that an audit of services be completed in order that we can ensure services are available where they are most needed. Just because someone has received treatment does not mean they are in a position to lead a happy and productive life. That is why we are investing for the first time in recovery. The Government is committed to taking a health-led approach to the use of illicit drugs in line with the recommendations set out by the citizens’ assembly report. Nothing is served by jailing a person in addiction caught with drugs for personal use. That is why I am committed to introducing the health diversion programme, which will connect people suffering from problematic drug use with the health services they need and will provide a pathway to treatment and recovery.

Harm reduction is a key component of the health-led approach to drug use. That is why people can submit drugs at festivals for testing as part of a range of harm reduction initiatives under the safer nightlife programme, thereby helping people to avoid particularly risky drugs. That is why a medically supervised injecting facility will open this year to provide a safe space for people to inject drugs. It is why the building and operation of the new 100-bed medical and addiction facility developed by the Dublin Simon Community is being funded by the Government.

I thank Deputy Kenny for bringing forward the Private Members' Bill. I note that the Bill proposes to amend the Misuse of Drugs Act to enable a person who is at least 18 years of age to have possession for the person’s personal use of either or both cannabis and cannabis resin that in each case does not exceed a specified amount and to provide for related matters. It is important that this proposal should be considered in the context of recommendation No. 17 from the citizens’ assembly, which is that the State introduces a comprehensive health-led response to drugs. This recommendation assumes that possession of controlled drugs would remain illegal, while those found in possession of drugs for personal use could be afforded extensive opportunities to engage with health-led services. Depending on how the legislation is designed, this approach would minimise or potentially completely remove the possibility of criminal conviction and prison sentences for simple possession.

The citizens’ assembly advises that there are several open questions about how Ireland might best legislate for a health-led model combining diversion, decriminalisation and dissuasion. Given the important legal and constitutional issues to be considered, it is the responsibility of the Oireachtas, informed by legal advice and detailed pre-legislative scrutiny, to determine the most appropriate legal mechanisms to achieve this goal. The recommendations of the citizens’ assembly will now be considered by the Oireachtas. It is anticipated that an Oireachtas special committee will be established to consider these recommendations and to agree on the most appropriate next steps.

In this context, debating the Bill at this stage could undermine the work of an Oireachtas special committee. In light of the above, it is the Government’s view that this Bill is premature and should be deferred for a period of nine months. I thank the Leas-Cheann Comhairle.

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