Dáil debates

Thursday, 21 July 2016

Misuse of Drugs (Amendment) Bill 2016 [Seanad]: Report Stage (Resumed) and Final Stage

 

Debate resumed on amendment No. 1:

-(Deputy Mick Wallace)

1:40 pm

Photo of Catherine ByrneCatherine Byrne (Dublin South Central, Fine Gael)
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During the discussion on the proposed amendments to the Bill, Deputies referred to injection centres. I assure Deputies, Deputy Wallace in particular, that I intend bringing legislation to the Dáil regarding clean injection facilities. This legislation will be ready for the autumn term.

I understand the frustration behind Deputy Ó Caoláin's argument. On Committee Stage, Deputy Louise O'Reilly of Sinn Féin said that the Bill was only a small part of a jigsaw, and I agree with her entirely. It is only the first, very small part and we will continue to build on it as we go and incorporate some of the issues raised. I thank Deputy Jack Chambers for his support and his response around suboxone. I will revert back to the Deputy on that issue in the near future. However, I will not accept the amendments Nos. 1 and 2.

Photo of Mick WallaceMick Wallace (Wexford, Independent)
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I am glad to hear the Minister of State has promised legislation in the autumn on safe injection centres. I have listened to her points regarding our amendments, but I remain of the opinion that if the amendment is not included, the Bill represents socially damaging legislation which will allow gardaí to lock up some desperate people with no gain for anybody, left, right or centre.

1:45 pm

Photo of Bríd SmithBríd Smith (Dublin South Central, People Before Profit Alliance)
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If we pass this Bill without the amendment, it will be legislation that sets out to criminalise people who have a monkey on their backs, so to speak. We will also give them a second monkey, as it were, by telling them it is not a health issue, that we are not offering the services or even offering to give them back the services the previous Government slashed to bits, and that all we offer is the prospect of being arrested and possibly jailed or heavily fined for being addicted to prescription drugs which they should not possess. Deputy Wallace is right. If we wish to pursue this, the Bill must be amended to say that those carrying the drugs for personal use should not be subject to the criminalisation the Bill proposes.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I thank the Minister of State for her response. I hope the points made are being properly noted. It goes without saying that the passage of this legislation will not change very much in the way the serious matter of synthetic cannabinoids is addressed. I make no apology for specifying them. It is very important that legislation such as this is not employed as a means of compounding the already difficult lives of those who have developed a dependency on drugs. We believe the focus has to be legislation that would address seriously the suppliers and dealers. We want to see that.

I welcome that the Minister of State has indicated that legislation is being prepared to facilitate the introduction of the pilot injection centres. It is an important and very welcome proposal. I hope this calendar year will not pass without that legislation having been successfully advanced here and the project established.

Amendment No. 2, in tandem with amendment No. 1, makes an important point and merits the support of the House. While I am recording my colleague's and party’s wish that this be supported and accepted, I have indicated that we will not oppose the passage of the Bill. I do, however, believe it is an inadequate response to a critical need and, not even tongue in cheek, I refer the Minister of State and her colleagues to the most recent legislation passed in the House of Commons at Westminster. That approach merits consideration.

Amendment put:

The Dáil divided: Tá, 32; Níl, 85.


Tellers: Tá, Deputies Clare Daly and Mick Wallace; Níl, Deputies Jim Daly and Regina Doherty.

Mick Barry, John Brady, Tommy Broughan, Pat Buckley, Joan Collins, Ruth Coppinger, David Cullinane, Clare Daly, Pearse Doherty, Dessie Ellis, Martin Ferris, Michael Fitzmaurice, Kathleen Funchion, Brendan Howlin, Martin Kenny, Denise Mitchell, Paul Murphy, Carol Nolan, Eoin Ó Broin, Caoimhghín Ó Caoláin, Donnchadh Ó Laoghaire, Louise O'Reilly, Willie Penrose, Thomas Pringle, Maurice Quinlivan, Brendan Ryan, Eamon Ryan, Seán Sherlock, Bríd Smith, Brian Stanley, Peadar Tóibín, Mick Wallace.

Níl

Bobby Aylward, Maria Bailey, Seán Barrett, John Brassil, Pat Breen, Colm Brophy, James Browne, Richard Bruton, Peter Burke, Mary Butler, Catherine Byrne, Thomas Byrne, Jackie Cahill, Dara Calleary, Seán Canney, Ciarán Cannon, Joe Carey, Pat Casey, Shane Cassells, Jack Chambers, Lisa Chambers, Marcella Corcoran Kennedy, Simon Coveney, Barry Cowen, Michael Creed, John Curran, Jim Daly, Michael D'Arcy, Pat Deering, Regina Doherty, Paschal Donohoe, Andrew Doyle, Bernard Durkan, Damien English, Alan Farrell, Frances Fitzgerald, Charles Flanagan, Brendan Griffin, John Halligan, Michael Harty, Seán Haughey, Martin Heydon, Heather Humphreys, Paul Kehoe, Billy Kelleher, Seán Kyne, John Lahart, James Lawless, Marc MacSharry, Charlie McConalogue, Helen McEntee, Finian McGrath, Michael McGrath, Tony McLoughlin, Mary Mitchell O'Connor, Kevin Moran, Aindrias Moynihan, Michael Moynihan, Dara Murphy, Eoghan Murphy, Eugene Murphy, Denis Naughten, Hildegarde Naughton, Tom Neville, Michael Noonan, Éamon Ó Cuív, Darragh O'Brien, Jim O'Callaghan, Kate O'Connell, Patrick O'Donovan, Fergus O'Dowd, Kevin O'Keeffe, Fiona O'Loughlin, Frank O'Rourke, Maureen O'Sullivan, John Paul Phelan, Anne Rabbitte, Michael Ring, Noel Rock, Shane Ross, Eamon Scanlon, Brendan Smith, David Stanton, Robert Troy, Katherine Zappone.

Amendment declared lost.

1:55 pm

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I move amendment No. 2:

In page 3, after line 28, to insert the following:“Amendment of section 4 of Principal Act

3. Section 4 of the Principal Act is amended by the insertion of the following subsection:
“(4) It shall be lawful for any person, or a person of a class or description specified in regulations under this section, to have in his or her possession a reasonable amount of a controlled drug specified therein, provided that it is for personal use.”.”.

Amendment put:

The Dáil divided: Tá, 30; Níl, 72.


Tellers: Tá, Deputies Denise Mitchell and Donnchadh Ó Laoghaire; Níl, Deputies Jim Daly and Regina Doherty.

Mick Barry, John Brady, Tommy Broughan, Pat Buckley, Joan Collins, Ruth Coppinger, David Cullinane, Clare Daly, Pearse Doherty, Dessie Ellis, Martin Ferris, Michael Fitzmaurice, Kathleen Funchion, Brendan Howlin, Martin Kenny, Mary Lou McDonald, Denise Mitchell, Imelda Munster, Paul Murphy, Carol Nolan, Eoin Ó Broin, Caoimhghín Ó Caoláin, Donnchadh Ó Laoghaire, Louise O'Reilly, Willie Penrose, Maurice Quinlivan, Eamon Ryan, Brian Stanley, Peadar Tóibín, Mick Wallace.

Níl

Bobby Aylward, Maria Bailey, Seán Barrett, John Brassil, Declan Breathnach, Colm Brophy, James Browne, Richard Bruton, Peter Burke, Mary Butler, Catherine Byrne, Thomas Byrne, Jackie Cahill, Dara Calleary, Seán Canney, Ciarán Cannon, Pat Casey, Jack Chambers, Lisa Chambers, Marcella Corcoran Kennedy, Simon Coveney, Barry Cowen, John Curran, Jim Daly, Michael D'Arcy, Pat Deering, Regina Doherty, Paschal Donohoe, Andrew Doyle, Bernard Durkan, Damien English, Frances Fitzgerald, Charles Flanagan, Brendan Griffin, John Halligan, Michael Harty, Seán Haughey, Martin Heydon, Heather Humphreys, Paul Kehoe, Seán Kyne, John Lahart, James Lawless, Charlie McConalogue, Helen McEntee, Finian McGrath, Tony McLoughlin, Kevin Moran, Aindrias Moynihan, Michael Moynihan, Dara Murphy, Eoghan Murphy, Denis Naughten, Hildegarde Naughton, Tom Neville, Michael Noonan, Darragh O'Brien, Jim O'Callaghan, Patrick O'Donovan, Fergus O'Dowd, Kevin O'Keeffe, Fiona O'Loughlin, Frank O'Rourke, John Paul Phelan, Anne Rabbitte, Noel Rock, Shane Ross, Eamon Scanlon, Brendan Smith, David Stanton, Robert Troy, Katherine Zappone.

Amendment declared lost.

2:05 pm

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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The time for this debate having expired, I am required to put the following question in accordance with the order of the Dáil of 19 July 2016: "That Fourth Stage is hereby completed and the Bill is hereby passed."

Vótáil.

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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Will the Deputies dissenting, who are claiming a division please rise in their places?

Deputies Clare Daly, Mick Wallace and Thomas Pringle rose.

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
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As fewer than ten Members have risen I declare the question carried. In accordance with Standing Orders the names of the Deputies dissenting will be recorded in the Journal of the Proceedings of the Dáil.

Question declared carried.