Dáil debates

Wednesday, 5 December 2007

10:30 am

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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In respect of the huge increase in the use and misuse of drugs throughout the country, last year more than 1,700 new injecting drug users presented at the Merchants Quay needle exchange in Dublin. In fairness to the Garda and its drug squads, nearly two tonnes of cocaine and more than one tonne of herbal cannabis have been seized this year. However, the number of heroin addicts seeking treatment outside Dublin increased by 500% up to 2005 and there has been a reported 900% increase in the number of those seeking treatment and assistance to deal with drugs related problems.

On 13 February this year, when I asked the Taoiseach about this matter, he stated: "I do not believe. . . there are serious drug problems in every village, community and locality because that is not the case." I do not want to refer to current tragedies and difficulties but the list of people, particularly young persons, for whom the use and abuse of drugs has had tragic consequences and the list of those who are currently having difficulties are there for everybody to see. Given the scale of the task facing the Minister of State, Deputy Pat Carey, has the Taoiseach changed his mind in the intervening nine or ten months? Is he willing to acknowledge that there is a major problem in every community and that the drugs issue demands real intervention and a national drugs strategy that is capable of dealing with the phenomenal increase in the use of drugs? Does he accept that his remarks in February are not accurate now? Is he satisfied that the national drugs strategy is capable of dealing with the scale of the challenge facing us?

Photo of Bertie AhernBertie Ahern (Dublin Central, Fianna Fail)
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What I said in February was in the context of my statement that all young people should not be portrayed as being involved in drugs. To brand all young people with being involved with drugs would be disrespectful to the huge number of young, responsible people, both teenagers and those of a slightly younger age who are not involved with drugs. Last week, I outlined my view in a very good debate on the drugs issue in which Deputies from all sides put forward their views on what is happening in communities. For 20 years there has been a drug problem in my constituency and in most cities and it has extended outwards. However, its portrayal as a problem affecting all young people is what I was talking about in February.

We are aware from all the reports in the past two or three years that there has been an increase in the use of cocaine. That is reflected in the availability and use of cocaine all over Europe. It is highly dangerous to glamorise cocaine as a recreational drug, which is a trend that has crept into Irish life. As I said in February and have repeated since, I strongly caution everyone, particularly young adult males, against using cocaine or any other illegal drugs. There are extremely high risks associated with cocaine use and serious physical and mental health problems arise from its use. It is particularly dangerous when combined with alcohol and other substances. There has been a number of tragic cases throughout this year, not only in recent weeks. These messages on the real dangers associated with cocaine use need to be highlighted throughout the community.

It is important that people see the direct link between their misuse of illegal drugs and the criminal activities which facilitate it. Deputy Kenny is right in terms of the huge amounts of drugs available. I do not deny this because it shows up in the figures for drug seizures, which this year include 113 kg of heroin with an estimated value of €22 million, 1.6 tonnes of cocaine valued at approximately €117 million, 1.3 tonnes of cannabis resin, 1.7 tonnes of cannabis herb, the best part of 280,000 ecstasy tablets and about 34 kg of other drugs.

The Minister for Justice, Equality and Law Reform and the Garda are invoking a number of broad strategic responses to address the issue. As well as the review of the national drugs strategy, which was discussed in the House last week and is the responsibility of the Minister of State, Deputy Pat Carey, the Garda is identifying, targeting and dismantling national and international drug trafficking networks which are supplying and distributing illegal drugs in the State. It is conducting intelligence driven operations, focusing on the illicit drug trade, logistics, distribution and financing. It is working with other national and international law enforcement agencies on joint actions designed to reduce the availability of drugs and the proceeds derived from the drug trade and working in partnership with statutory, community and voluntary groups to reduce it. A number of other measures are also being taken.

Drugs in society is a big challenge and we must do all we can to address it. The Minister of State, Deputy Carey, promised to take on board, as part of the review of the national drugs strategy, many of the good suggestions put to him during the question and answer session at the end of the debate on drugs.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I thank the Taoiseach for his reply. I would not want anybody to believe we are portraying young people in general as being involved in drugs and I do not believe that was the Taoiseach's intention. This is an issue that concerns every household in the country. I have said this before, in so far as Government action is concerned, we will support the actions of Government to deal with this scourge which is causing such difficulty for so many people. The Government is faced with the reality of having to deal with the scale of the problem. Deputy Flanagan has pointed out on a number of occasions that only about 10% of drugs coming in is seized. For every tonne of cocaine that is confiscated nine tonnes are on sale at locations around the country, despite the best efforts of the drug squads and the Garda. The Government is faced with having to deal with the scale of what one sees on the ground, for instance, 13,000 heroin users in Dublin and less than 30 detox beds. The case is being made for extra gardaí, extra resources and so on but vigilance from everybody is involved here.

There is a real concern here from a parent's and a student's point of view. Let us take a second level school in any part of the country. I have been told by students that it is possible to buy ecstasy tablets for €2.50 out of their pocket money. We all know the consequences of that infiltration and infestation in schools and what it can lead to. This is a challenge for everybody. I made a suggestion previously based on analysis of works done in other countries where a voluntary code applies. The boards of management, teachers, parents and pupils decide that in their school they will not do drugs and that a voluntary code is introduced for random drug testing. I do not mean taking swabs or saliva. There are very sophisticated methods of detecting whether drugs are in use in any school. The consequence has been not only a realisation that drugs are not done in those schools where the voluntary code applies but the beneficial other consequence has been in terms of focus on examinations and results for all students concerned. It is not all about stick either. One has got to have a sense of imagination.

Given the challenge and the vulnerability of so many young people not involved with drugs and the pressure on them, would the Taoiseach support in principle the introduction of a purely voluntary code where boards of management, teachers, parents and pupils would say "yes" under conditions A to C, or whatever, that they will agree to random drug testing, which does not include taking swabs or saliva, in their schools so that reality can be brought about, that drugs do not infest our schools, where pupils can buy ecstasy tablets for €2.50? If the Taoiseach's officials were to examine what has happened in other schools, where this applies, this would be worthy of consideration by the Minister of State, Deputy Carey.

Photo of Bertie AhernBertie Ahern (Dublin Central, Fianna Fail)
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The Deputy raised two points. On the first, it is always very difficult to determine how much of the drugs are confiscated by law enforcement agencies and how much of the drugs come into any jurisdiction. I do not have a precise figure. In so far as there is a figure, the UN report states that 40% of the output of cocaine is intercepted. That is the only meaningful figure, 40%, but the fact is that it is still a problem.

The Deputy raised the second issue with me previously. The Minister of State, Deputy Carey, the Minister for Education and Science, Deputy Hanafin, and their respective colleagues are looking at that issue. It is operated effectively by the No Name Club on alcohol set up by Eddie Keher, many years ago and works well. That code exists as well as its booklet and system. Despite the perception that all young people drink that is a very successful organisation. The Deputy asked if I would lend my support, that system could be replicated into other schools. I would of course support anything that helps the vast majority of young people. The reason I defended this issue and the young people is that I have been told that in inner city second level schools principals and teachers say that in their view about 96% of people would not be near drugs. I am not saying it is not a problem, that is not the issue, but there is a perception that they are all on drugs. I agree with the Deputy that it is not difficult to get them.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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4% is a lot.

Photo of Bertie AhernBertie Ahern (Dublin Central, Fianna Fail)
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I am talking about the heart of the inner city. I had a problem with the drugs issue in 1984 when nobody else in the country had hardly heard of drugs. I am talking about drugs in communities.

Photo of Olwyn EnrightOlwyn Enright (Laois-Offaly, Fine Gael)
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The time to solve it is now.

Photo of Bertie AhernBertie Ahern (Dublin Central, Fianna Fail)
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It is not the perception. The perception is that people try to portray that it is far more widespread than it is. It is a problem and we are not denying that.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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It is widespread.

Photo of Bertie AhernBertie Ahern (Dublin Central, Fianna Fail)
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Under the strategy, the Garda national drug unit is co-ordinating large-scale operations against drug dealing and trafficking. Additional assistance is being made available from specialised Garda support units. The Government has given considerable resources to the National Bureau of Criminal Investigations, the Bureau of Fraud Investigation and the Criminal Assets Bureau because practically all the drugs used here come into the country. The Garda Síochána, the Customs service and the Navy have been instrumental in establishing, earlier this year, a marine analysis and operations centre on narcotics which operates out of Lisbon. The centre will focus on intelligence and at local level the Garda has the national drugs unit, the Criminal Assets Bureau initiative which was set up. This year it is including in its policing priorities for 2008, the Garda is represented on the local and regional drug task forces which is important in so far as having area and national plans are concerned. The Garda has made provision for joint policing committees in local communities and they are being spread up around the country which is hugely important in working with parents and young people to try to deal with the problem.

A number of very valid points were made last week. I understand that following last week's debate on the national drugs strategy and statements by the Minister of State, Deputy Carey, there were 5,000 hits on the Crosscare drug awareness website. This shows the demand for information on the dangers of drug misuse and learning how to deal with it. This came about because of the debate here and the initiatives run by the Irish Examiner the previous week and last week. The challenges posed by cocaine use are significant but we are confident we can meet these challenges through a co-ordinated approach utilising the structures of the national drugs strategy. On the positive side, a recent report concludes that the treatment of cocaine misuse, primarily in the form of counselling, can and does work. My last point, which relates to the first point I made, is that all of us have a responsibility and a job to try to remove what was — but which has diminished a little — the glamourisation of cocaine and its use as a recreational drug. Regardless of what sector one comes from this is seen as an acceptable form of Friday night and Saturday night activity. Anything we can do, as the debate did successfully last week, to remove the glamour, recreational and social aspects from it would be a good day's work.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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I wish to raise a different law enforcement issue. Last Wednesday, my Labour Party colleague, Deputy Broughan, asked the Minister for Justice, Equality and Law Reform for the numbers of warrants which have been issued by the courts for the arrest of persons throughout the country. The reply he received is amazing. According to the reply Deputy Broughan received there are 111,453 warrants outstanding. That number is equivalent to the population of a large five seat constituency. That is the number of warrants for arrest that have been issued by the courts that have not yet been executed. I want in particular to focus on two of those categories. The first is bench warrants, which are normally issued for people who do not turn up in court, in many cases defendants and those on bail. Some 36,000 warrants issued by the courts for the arrest of people who have not shown up in courts have not yet been executed.

The House will recall that Donna Cleary was the unfortunate woman who was shot through the window of her own home. She was killed by a man for whom a bench warrant had been issued but who had not been arrested. In my constituency, when two gardaí were killed by a speeding car, one of the young men in the car that ran into the gardaí had a bench warrant issued against him but he had not been arrested. Some 36,000 bench warrants have been issued for the arrest of people who do not show up in courts but these people have not been arrested.

Even more seriously perhaps, almost 4,000 committal warrants have been issued by the courts but the people involved have not been arrested. Committal warrants are issued where somebody has been convicted by a court of an offence and a judge has decided that person should be in prison. In other words, almost 4,000 people are out there, convicted of offences by the courts, with judges having decided they should be in prison, but they have not yet been arrested.

Does the Taoiseach agree this demonstrates a serious problem in the criminal justice system? Is there some explanation for this number of warrants, which appears to be increasing? The Comptroller and Auditor General in his report last year commented on the fact that the number of warrants not being executed is increasing by approximately 25% per year. It is a problem that appears to be on the increase. I would like an explanation as to why these people are not being arrested. Will the Taoiseach tell the House what will be done to improve the situation?

Photo of Bertie AhernBertie Ahern (Dublin Central, Fianna Fail)
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Obviously, I will not dispute the figures provided in reply to a parliamentary question. The Deputy stated that the total figure for warrants is approximately 111,000, including some 36,000 bench warrants. I regularly see figures relating to the number of people who evade warrants on a weekly basis, which is a very small number. With regard to the Deputy's figures, I do not know how the question was categorised and have not read the details. Nonetheless, many people who are called and do not turn up on a particular day, for one reason or another, will turn up within a very short period, perhaps the following day or week or at the next court sitting.

If I understand the Deputy's point, we want to know the actual figure for people who entirely evade the judicial system or criminal justice system and do not turn up when a warrant is issued. Some of the cases relate to people for whom a warrant was issued and they either forgot about it or were sick and could not attend court, but later turned up.

I am not sure if the reply to the parliamentary question details the actual figure over a given court session for people who have evaded the system. That is the key figure, and it is not 36,000. During the entire 30-year period of the Troubles in the North, the number of outstanding warrants relating to people who did not turn up was approximately 20 — some of their names are well known to gardaí. While I do not know the total figure for people who have evaded the system, I imagine it is small.

The Criminal Justice Act 2006 introduced a comprehensive package of measures enhancing the powers of the Garda with regard to improving the criminal justice system. Included in that legislation were the powers to deal with anyone who infringes on or evades the law in any circumstances. If I recall the debate on that Bill, the figure was not very significant. While I do not know the figure, it will be easy to get for the Deputy. As part of those powers, we broadened the range of sentences, provided for alternatives to custodial sentences and introduced restriction on movement orders and a new system of fixed charges for public order offences, particularly for reoffenders or those who tried to evade justice. We increased penalties relating to various categories of people who were ongoing offenders.

To answer the Deputy's question on what action we are taking, the Criminal Justice Acts of 2006 and 2007, with the DNA legislation which, if it is not before the House, will be published shortly, are measures which will deal with people who defy bench warrants or the law.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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I note the Taoiseach finds it difficult to believe the figures, for which I do not blame him. However, the figures on which I rely were provided in response to a parliamentary question. That reply from the Minister for Justice, Equality and Law Reform stated: "The number of bench warrants, penal warrants and committal warrants which were recorded on the PULSE system as being on hand on 25 November 2007".

It is not the first time the problem has arisen, if not the scale of the problem. The Comptroller and Auditor General in his report states "unexecuted bench warrants are still increasing at an annual rate of about a quarter of the number issued". Indeed, the previous Minister for Justice, Equality and Law Reform introduced Operation Anvil, which was designed to address the problem of people who were at large despite bench warrants having issued against them. There is clearly a problem in this regard.

When the Criminal Justice Bill was before the House last year, the Labour Party through Deputy Howlin proposed that where warrants are issued for the arrest of people, there should be some system whereby when those people interface again with the State, whether through a social welfare office, FÁS office, HSE centre or other arm of the State, the Garda can be alerted to the fact they are out there. Such a system might operate through the use of PPS numbers or otherwise. The Government did not accept the proposal. Will the Taoiseach consider introducing some such measure? There is clearly a huge problem with people whom judges have decided should be arrested, either because they have been convicted of a crime and have not yet been arrested or because they have not appeared in court. A much more effective system is required than the one we appear to have at present.

Photo of Bertie AhernBertie Ahern (Dublin Central, Fianna Fail)
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Anything that tidies up the system would improve it. However, I do not want to give the impression that when bench warrants are issued, a significant proportion of those for whom they are issued do not turn up. From security briefings and from following Northern issues, I know they may not always turn up at the prescribed time but they do turn up.

I do not have the figure for those who are evading justice completely. The Garda Síochána and Department of Justice, Equality and Law Reform view on this is that it is inevitable in any criminal justice system that at any given time there would be a significant number of warrants awaiting execution. It should be borne in mind that the vast majority of the outstanding warrants relate to financial penalties. Most of the figures relate to fines.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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That is a separate issue.

Photo of Bertie AhernBertie Ahern (Dublin Central, Fianna Fail)
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It also applies to the bench warrants.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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It is not the bench warrants; it is the penal warrants.

11:00 am

Photo of Bertie AhernBertie Ahern (Dublin Central, Fianna Fail)
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It is also the case that many individuals would be subject to multiple warrants, which the Deputy will know from the list.

I do not know the precise figure for the number of outstanding warrants that would be acceptable at any stage. Obviously, if there are 14,000 gardaí, there will be an increasing number of warrants. The last Garda Commissioner is on record as stating that steps need to be taken to reduce the number of outstanding warrants as much as is possible. I accept the Deputy's point that there must be a tidying up of the system. The Garda Commissioner stated that each regional commissioner had been directed to give priority to the issue and to examine the procedures in their areas for executing warrants. The Minister, Deputy Brian Lenihan, has taken a number of steps to deal with this issue. A genuine difficulty at the moment is that cases concerning the non-payment of fines clog up the system because gardaí must seek warrants to enforce their payment. There is an initial warrant therefore and a further warrant is required to enforce the payment. A pilot project is under way whereby outstanding fines have been pursued by an outside debt collection agency, rather than requiring gardaí to obtain warrants. That pilot project is proving to be very successful. The Department, in consultation with the Garda Síochána and the Courts Service, will take that matter forward. I am not sure in how many districts that pilot scheme is operating but if it is clearing up the system it should be extended.

There is a fines Bill before the House which, among other things, provides for the payment of fines by instalment. Anything which avoids the necessity of issuing a warrant should help to reduce pressure on the warrant system. The Minister is examining other legislative measures which might help to improve the efficiency of the fines collection system, particularly by reducing the amount of Garda time involved in the warrant process. I am told that is a considerable amount of time. Many gardaí are now on specialised duties such as the one we have just discussed. I will raise the question elsewhere but I still find it difficult to imagine that there are 36,000 outstanding bench warrants.

Photo of Jan O'SullivanJan O'Sullivan (Limerick East, Labour)
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The figures are there.

Photo of Bertie AhernBertie Ahern (Dublin Central, Fianna Fail)
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Yes, but the point I am making is how many of those are multiple cases and how many of those people turn up? I am told that bench warrants continue to be issued for a large number of defaulters so they come into the total figure. I do not believe the figure is 36,000.