Conor McGuinness (Waterford, Sinn Fein)

I welcome the opportunity to speak on this motion and thank the Labour Party for proposing it. I restate Sinn Féin’s support for the recommendations of the Citizens’ Assembly on Drugs Use. That report was crystal clear. It said Ireland must adopt a comprehensive health-led response to drug use, one that treats addiction and substance misuse not as a criminal issue or set of criminal issues but as a public health issue. We in Sinn Féin support recommendation 17 of the report, which calls for the introduction of a health-led approach to possession of drugs for personal use. This recommendation represents a major step forward in reforming how the State responds to drug use. It is rooted in compassion, is supported by evidence, is pragmatic and aligns with international best practice which, as Deputy Gould said, we must rely upon the mistakes and successes of.

The Government established the Joint Committee on Drugs Use following the citizens' assembly’s report. The focus of that committee is to implement the assembly’s findings, especially in relation to a health-led diversion approach. We are actively involved in supporting that process. We want to ensure Ireland moves away from criminalisation and punishment towards prevention, treatment and recovery. A health-led approach means while controlled drugs would remain illegal, people found in possession for personal use would be diverted into health services rather than the criminal justice system. The State would respond to drug use and misuse primarily as a public health issue and this model would ensure those struggling with addiction are met with support and opportunity, not the stigma and criminal records that can further entrench addiction, hamper recovery and have lifelong impacts for them. We also acknowledge the assembly left the detailed legislative and policy design to the Oireachtas, and that work is now under way through the re-established joint committee. I commend my party colleagues for their engagement on that and the leadership they are showing.

The assembly identified key issues we must balance, including health diversion, decriminalisation and dissuasive sanctions. We believe that balance is possible. It will take some work to design but it is work that is under way and needs to continue. To give credit where it is due, the assembly was a vital democratic process. That was very important and the findings bear that out. It brought together experts, families and service users to look at international best practice and to learn from it.

Our policy position is clear. We support the de facto approach that has been referenced already. The offence of simple possession should remain in law, but we should have a much more pragmatic response where cautions and health interventions are the order of the day, rather than court appearances and convictions. The Garda caution scheme must be reviewed and modernised. Prison sentences for simple possession should remain technically possible, perhaps, but used only in the most exceptional of circumstances. It should not be the norm and our district courts should not be full to overflowing with these cases. Convictions for possession should be treated as spent and ultimately expunged. We do not need this following people around for the rest of their days. For those who repeatedly offend, dissuasive sanctions such as restorative justice, community service or diversion programmes are probably the most appropriate avenue. The courts – potentially specialist courts – and professional regulatory bodies should apply these sanctions fairly and proportionately. This is a really important debate. It is something that will continue to happen on Committee Stage but it is something we will need to return to in the House.

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