Dáil debates
Wednesday, 5 November 2025
Decriminalisation of People Who Use Drugs: Motion [Private Members]
3:40 am
Ann Graves (Dublin Fingal East, Sinn Fein)
In the last Dáil, the Government established the Joint Committee on Drugs Use. The focus was to implement the findings of the Citizens' Assembly on Drugs Use. The work of the joint committee is ongoing and has yet to be completed, making this motion somewhat premature. Sinn Féin, however, will not oppose the motion but both Government and Opposition must allow the committee to do its work without interference.
Sinn Féin supports a comprehensive health-led response to drug use. This ensures the State responds to drug use as a health issue and not a criminal issue. Sinn Féin policy does not align with the repealing of section 3 of the Misuse of Drugs Act, however, those caught with drugs for personal use should be offered every opportunity to engage with health-led services. This will keep people out of the criminal justice system. The establishment of the citizens' assembly was a major step in the right direction. The assembly allowed people to engage with experts, families, services and learn about international best practice. The final report was testament to people's commitment to an important and sensitive issue. Out of the assembly came the establishment of the joint committee. The committee was empowered under the terms of reference to consider the report of the Citizens' Assembly on Drugs Use and provide a response to the subject matter of the report, including a reasoned response to each of the 36 recommendations contained in the report. The recommendations are varied. They include calling on the Government to prioritise drug misuse, a whole-of-government response tackling the drug crisis and demanding that the Government must include key stakeholders when developing policy. However, when it came to the issue of responding to personal drug use, the assembly was crystal clear. It voted for a comprehensive health-led approach to drug use.
A comprehensive health-led response diverts people towards health services and away from the criminal system. This response will greatly reduce or eliminate prospects of people being charged and convicted. The citizens' assembly recommendation of a comprehensive health-led response is focused on decriminalisation, diversion and dissuasion. It would ensure the State response to drug use as a health issue and not a criminal issue. Controlled drugs would remain illegal but those caught with drugs would be offered extensive opportunity to engage with health-led services. This is not to be confused with legalisation. The importation, sale, distribution and possession of a controlled substance would remain illegal.
Reports early in the year confirmed that the Government would be introducing a long-awaited diversion scheme for people caught with drugs. This scheme does not in any way reflect the comprehensive health-led approach to drug use agreed by the citizens' assembly. The announcement is an attempt by the Department of justice to claw back control of drugs rather than allowing it become a public health issue. This will undermine the work being done by the joint committee, which is yet to complete its work. The three strikes and you are out referral system fails to recognise the complex and long waiting lists for residential treatment. A simple referral by a judge will not always allow someone gain access to the service they need. Imposing an arbitrary number of referrals to treatment services fails to recognise the causes and complexity of addiction. It also fails to recognise that it often takes several attempts at rehabilitation before somebody addicted to drugs will get into recovery.
While acknowledging that every family may be affected by drug addiction, it does not affect every family or community in the same way. It moves from drug addiction to a drug crisis when playgrounds become open drug markets, when the school gates becomes sites of drug violence and when streets are held to ransom by violence and lack of policing. The issue is compounded by drug-related intimidation, waiting lists, lack of mental health services and poor housing conditions. Each of these issues highlights the total failure of governments to adequately respond to the drug crisis.
Tackling the causes and consequences of the drugs crisis must be a political priority. Consecutive governments have allowed it to slip down the agenda and that must, and can, change. We need a whole-of-government approach to prepare and implement policies that tackle the causes and consequences of Ireland's drug crisis. The national drug strategy must reflect the work of the Joint Committee on Drugs Use and be informed by service users and providers. While Sinn Féin will not oppose this motion, it is pre-emptive of the outcome of the work of the committee.
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