Brendan Smith (Cavan-Monaghan, Fianna Fail)
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6. To ask the Tánaiste and Minister for Justice and Equality if he is satisfied with the level of sanctions and penalties for persons charged with drug offences; his plans to introduce additional measures to deal with the scourge of drugs which is blighting communities; and if he will make a statement on the matter. [49659/18]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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I represent two rural counties, Cavan and Monaghan. Until recently, we thankfully did not have substantive problems with drug-related crime or drug-related issues. Unfortunately, that has changed in recent times. Communities throughout Cavan and Monaghan have serious concerns regarding the use, misuse, prevalence and availability of drugs in every parish. Unfortunately, it is my understanding that is the position in all rural areas. Additional resources are needed. The Garda is working extremely well and as effectively as possible with limited resources. I would hope the Minister would be in a position to enhance those resources.

Charles Flanagan (Laois, Fine Gael)
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The possession, sale and supply of controlled drugs is governed almost entirely by the Misuse of Drugs Act 1977, which falls within the remit of my colleague, the Minister for Health.  The possession of any controlled substance without due authorisation is an offence under the Act.  The legislation distinguishes between possession for personal use, which is dealt with under section 3 of the Act, and possession for sale and supply, which is dealt with under section 15.  The drugs which are controlled under that Act are listed in its Schedules.

Penalties for possession for personal use depend on the type of drug involved, be it cannabis or some other type of drug, and whether a summary conviction or a conviction on indictment is being sought.  Possession of cannabis or cannabis resin for personal use is punishable by a fine on first or second conviction, while third and subsequent offences are punishable by up to a year in prison for a summary conviction and up to three years for conviction on indictment.  Possession in any other case is punishable by up to one year in prison or a fine or both on summary conviction and up to seven years' imprisonment for conviction on indictment.

The law governing possession of drugs for sale or supply has been amended over the years mainly in order to increase the severity of punishment following conviction.  It currently provides that a person found in possession of drugs with an estimated street value of €13,000 or more is guilty of an offence which is subject not only to a maximum sentence of life imprisonment, but also to a presumptive minimum sentence of ten years imprisonment on a first conviction.  A ten-year mandatory minimum applies in the case of a second or subsequent conviction for such an offence.

I should also mention the Criminal Justice (Psychoactive Substances) Act 2010 with was introduced to allow the prohibition of supply-related activities involving any harmful new psychoactive substances and which was instrumental in shutting down the head shop industry in Ireland.

While I am satisfied with the suite of penalties in relation to drugs offences, it is an area that needs to be kept under review.  I acknowledge what Deputy Smith has said regarding his constituency. He may also wish to be aware of work under way in the context of the Government's national drugs and alcohol strategy, Reducing Harm, Supporting Recovery.

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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I thank the Minister for his reply. He referred to a person who is found in possession of drugs worth €13,000 or more and the mandatory minimum sentence of ten years. From reports I have heard and from what I have read, there always seems to be mitigating circumstances. How often are those sentences actually handed down? In many instances we hear that a given person in a community, who is known to possess and sell drugs, has been before the courts again and is out again and not in prison. I understand that we cannot questions decisions made in courts but there is concern among communities that sentences are not severe enough. The Minister mentioned the severity of sentences in his response. The widespread narrative is that in many instances the penalties do not meet the crime being committed, the pain and suffering inflicted, and the innocent lives destroyed by these peddlers of drugs.

Charles Flanagan (Laois, Fine Gael)
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The Deputy raises a very important issue which exercises many Members including, I am sure, Deputies O'Callaghan and Curran, who are seated beside him. I want to refer to the effectiveness of the minimum mandatory sentence for drug offences to which the Deputy refers. While acknowledging, as Deputy Brendan Smith does, the separation of powers and that the matter of sentencing is an issue for the courts, I want to acknowledge the work recently carried out by the group established to undertake a strategic review of penal policy. That group recommended that no further mandatory sentences or presumptive minimum sentences should be introduced. That group was of the view that the continuation of existing presumptive minimum sentences and the threshold for their application in drugs and other offences should be reviewed in the context of judgments of the Court of Criminal Appeal. This recommendation was made with a view towards determining if the type of sentencing to which the Deputy refers satisfies the need for proportionality in sentencing and fulfils the objective of reducing crime.

This merits further consideration by the Joint Committee on Justice and Equality because it is an important issue that is giving rise to community concerns, as evidenced by Deputy Brendan Smith's question.

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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I thank the Minister for his reply. I have been contacted by people from previously quiet communities who have never had cause to approach me or any other public representative in their lives. They are now utterly frustrated with the prevalence of drugs and the horror being caused by the ready availability of certain drugs. We have discussed previously in this House the unique policing requirements of the part of Border region comprising Cavan and Monaghan. I am not suggesting that the drugs in Cavan and Monaghan are solely coming from Northern Ireland. Far from it; they are coming from all over this State too. That said, in his discussions with the Garda Commissioner on the allocation of resources for 2019, I appeal to the Minister to ask that particular cognisance be given to the need to provide additional resources to Border divisions. I attended a joint policing committee meeting in Ballyconnell on Monday night last and the issue of drugs, their availability and the problems besetting communities as a result was discussed. Widespread concern was expressed and the chief superintendent and his colleagues outlined the work being done, but they need additional resources. I ask the Minister to ensure that due recognition is given to the unique policing demands in the Border region.

Charles Flanagan (Laois, Fine Gael)
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I acknowledge the importance of this question. The review to which I referred earlier on the principle underpinning mandatory sentencing is still under consideration by my Department. On completion of that consideration, I would be happy to share the contents of the review with Deputies and, more particularly, the justice committee.

The Garda Commissioner is responsible for the distribution of Garda resources.. That said, the Deputy makes a reasonable point regarding areas that present particular challenges. A number of very significant seizures have been made in recent times by the Garda National Drugs and Organised Crime Bureau in conjunction with the Revenue's custom services. At Dublin Airport, 15 kg of heroin with an estimated street value in excess of €2 million were seized. Another consignment of drugs with an estimated value of €4.6 million was intercepted at Rosslare Europort. At my regular meetings with Garda management, I am happy to continue to voice the concerns of Deputies and, in this case, those of Deputy Brendan Smith regarding the Cavan and Monaghan area. I assure the Deputy of the active engagement of the appropriate units of An Garda Síochána, particularly the Garda National Drugs and Organised Crime Bureau.