Catherine Byrne (Dublin South Central, Fine Gael) | Oireachtas source

I thank Senators for their contributions. We had a long discussion about this yesterday,

Several weeks ago I requested to meet Senators Ruane and Black because I know they have long experience of working in drug addiction services and with families. We had a long discussion and analysis. I want to meet people who have a passion to do something for people who get trapped in drug addiction. That is why I have made it my business to contact most groups and representatives in the Dáil and Seanad. I am not finished, as there are a few people I still would like to speak to. When the public consultation is announced, there will be a voice for everybody to explain what is right and what is wrong about the national drugs strategy and what can be done better in the new one. The public consultation process will be advertised and will make a significant contribution to the new national drugs strategy. I will be overseeing how it will be put together. If something is worth putting in it, as Minister of State I am going to push it.

Senator Clifford-Lee is correct that the legislation was introduced because of the recent happenings in Dublin’s north inner city. However, it is not only the north inner city that is affected. Drug addiction is a significant problem in areas in my constituency of Dublin South Central, such as Crumlin, Drimnagh, Ballyfermot, and even Inchicore. It is the innocent victims, however, who are most affected. It is not the people who have the fancy cars, fancy houses and do not live in the country. They are the people this legislation is about.

I have sat up nights to listen to Senator Norris speaking in the Chamber. He speaks not only about where he comes from, but from the years of experience he has in here. However, I cannot stand here as a citizen, a mother or grandmother and agree with him that people should be allowed smoke illegal drugs. I cannot agree with him. It is not in my psyche.

Senator Boyhan is correct that there are 40 detox beds in Dublin. I had a meeting this morning with the HSE and called for a proper consultation on whom these beds are for and how people are treated, particularly young people. If a mother came into my constituency clinic tomorrow and asked if they could have a son or daughter put into a detox bed tomorrow, I honestly would not be able to tell her where to go. I intend making it my business to do that. Take somebody aged 15 who is asked to carry packages of illegal drugs across the road or give them to people on motorbikes and in cars, which I witness on the street where I live. That is where young people are brought into a system. They are the ones who start taking drugs for whatever reason and then it escalates. If I had a 16 year old child who needed a detox bed, we would have to have it for him or her. We have to make a conscious effort in this regard. That is why I believe in the national drugs strategy. We will have to isolate certain issues and think outside the box. To me this is not a political issue but a human issue.

I live in an area ravaged by drugs. I will not go into it again as I went into it yesterday. All Senators here are just capable of speaking about it as I am. My job here today is to pass legislation to deal with some substances that are actually legal drugs. Last night, I picked up a box of tablets prescribed for my husband. On the label, it said the drugs should not be taken by anybody else, but only the person for whom they are prescribed. If somebody with X amount of legal prescription drugs decides to sell them, then, to me, that is a crime and a criminal offence. Prescriptions always state the drug should not be given to anyone else without consulting with a doctor. We all have medications in presses at home. Often, when somebody would say they are sick, we might say we have some of that medicine and they can take it. That is the wrong attitude. Those drugs are prescribed for one person and should not be sold on to anybody else.

I agree that this problem is in every town and village. I know as I have relatives living in isolated rural areas and can tell me what is going on 100 metres away from their homes. This is not just about Dublin but across the country. The programme for Government states clearly that there will be a review of the local drugs task forces and an expansion of them. In my opinion, we do not need any more in Dublin but we need to look at putting services around the country. Just because one lives in a little village, it does not mean one is isolated from drug addiction.

Last night, I looked at the Portuguese and Australian models around the decriminalisation of drugs. The report from the Joint Committee on Justice, Defence and Equality on the possession of small amounts of illegal drugs stated, “The committee recommends that research be taken to ensure that an option of an alternative approach be appropriate in the Irish context.”

There are unintended consequences to both of the proposed amendments. The effect of Senator Ruane’s amendment is that no person can be prosecuted for possessing a quantity of controlled drugs for personal use. Overnight, it would become effectively legal to possess ecstasy, N-bombs or any of the other drugs which were re-controlled by emergency legislation last year. We are reminded constantly of the headlines about Ireland legalising drugs last year. We do not need to read in tomorrow’s newspapers that Senators voted to stop prosecutions for possession of dangerous drugs.That is what they are. I have a list of them here which goes on and on. I cannot pronounce the names of half of them.

The effect of Senator Ó Ríordáin's proposed amendment would be that a person charged with an offence under the Act, for example, with the importation, manufacture or possession of a controlled drug, could use as a defence that his possession of a controlled drug is for his own use. A person could possess a significant quantity of substance but again argue it is for his sole use. This is clearly not what the Senators intend but that is what the words say. That is not good enough law. The development of any policy to provide an alternative to criminalisation has to be carefully thought through and any legislation carefully crafted to ensure, as Senator Colm Burke stated very clearly yesterday, that no unintended or undesirable consequences can occur. The criminalisation model must be one that suits the Irish context and which is evidence based. I am encouraged by the views expressed in November 2015 by my predecessor, Senator Ó Ríordáin, in a speech he gave at the London School of Economics. I agree with his comments that "this kind of approach will only work if it is accompanied by timely treatment and harm reduction services, backed up by wrap-around supports which foster recovery." They are his words, not mine.

As we embark on developing a new national drugs strategy to meet the challenges ahead, we will examine the approaches of drug policy and practice in other jurisdictions to identify additional evidence-based approaches which might be considered in the Irish context. Ireland is different to other countries. We have a different way of dealing with drug control. We have task forces which some other countries do not have. We have to get an Irish model that suits us, as a country, and the development of the national drugs strategy is a vehicle to do that. We have to get an Irish model for an Irish problem. If we want to we can take bits from other countries and look at them but we have to make sure that whatever we decide suits the model we want in this country.

I encourage every Senator who has contributed to the debate to also contribute to the consultation process that will be launched. A change in legislation on such an important matter requires careful consideration and public buy-in. That is why I ask the Senator to withdraw the amendment and let the legislation go through this afternoon. During the process of consultation on the national drugs strategy, there will be plenty of opportunity for Senators, Deputies, the public and people from agencies to make a contribution. I will do my best. Many people, including Senator Kevin Humphreys, have said that what is out there is not working. If it not working it has to be fixed but we have to find a mechanism to fix it. I have my opinions on that which I will contribute to the national drugs strategy.

I will not be supporting the two amendments. I ask Senators Ruane and Ó Ríordáin to reconsider and hold off until after the national consultation process. Through the national drugs strategy we may be able to look again and introduce a complete way of dealing with decriminalisation.