Seanad debates

Wednesday, 31 May 2017

Controlled Drugs and Harm Reduction Bill 2017: Second Stage (Resumed)

 

10:30 am

Photo of Colm BurkeColm Burke (Fine Gael) | Oireachtas source

I welcome the Minister of State, Deputy Catherine Byrne, to the House and thank her for dealing with this matter. I also thank her for the work she has already done in this area since she became Minister of State and even when she was a Deputy. I pay tribute to both Senators Ruane and Senator Ó Ríordáin for the very passionate speeches they gave. They believe passionately in this issue because they have worked in this area, especially Senator Ruane, who has a huge amount of experience in it. It is important that we take on board what she and Senator Ó Ríordáin have said.

The Bill proposes to amend the Misuse of Drugs Acts 1977 to 2016. It is a fundamental change in that the intention is to decriminalise possession of controlled drugs where they are for personal use. The Bill makes provision for circumstances in which a person exceeds the maximum amount for personal use, providing An Garda Síochána with a range of measures where the person is a repeat offender. Possession of controlled drugs for the purpose of resale and supply will continue to be an offence under section 15 of the Misuse of Drugs Acts 1977 to 2016. The Bill does not amend the position where someone has possession of drugs for the purpose of resale. The Bill provides for the establishment of a drug discussion service to case manage persons found in possession of controlled drugs and to divert people away from the courts by providing a system of harm reduction measures including drug awareness, drug rehabilitation and community engagement programmes. That is extremely important.

Senator Ruane is correct in what she said about the difficulty encountered when someone with a drugs conviction goes for a job. That was explained very well in the presentation I attended yesterday and it is something I have come across myself in dealing with young people in Cork city. Those with any kind of conviction encounter major difficulties in trying to secure employment and then they stay out of the system. It is important that we look at this very carefully. It is not something that we can change overnight because we need to examine the best way forward. We need to look at other jurisdictions. In fairness to the Oireachtas committee on justice, it did some work on this in 2015. The committee indicated that we needed to change the law in this area. A strategy committee was set up in December 2015 to report and provide an overall national drugs strategy. Hopefully, that will incorporate the proposals contained in the Bill. It is important that we come back with a careful analysis of the best way forward. We need to look at all of the options that are available. We also need to protect the wider public.While we must consider those who are addicted and who need help and support without bringing them into the criminal justice system, we also must have a balance. We must examine it carefully. The Minister will deal comprehensively with all the issues that have been raised here but it is something with which we must move forward, not something to be parked.

As for getting change in this country, a development within the last two weeks frightened me in this regard. My colleague, Senator Reilly, introduced a Private Members' Bill in 2009 on health care and I introduced a similar Private Members' Bill in 2012. The Government introduced a Bill in 2014, which was only passed last week. It took us seven or eight years to get through what should have been straightforward legislation. I hope something as straightforward as this Bill does not take seven or eight years. It needs to be carefully examined and scrutinised to see the best way forward but we should not have to wait seven years to deal with this issue.

As recently as Monday of this week, I spoke to a coroner who raised concerns after having to deal with an inquest involving a young person and an overdose. We have a lot of work to do. As the death rate from the misuse of drugs is increasing every year, it is not something we can park and leave in the hope that the existing structure will deal with it. The existing structures are not dealing with the issue and nor at present is the criminal justice system. We need to look at it and ensure we set clear deadlines because we need to bring about the change. I accept that the Minister of State cannot give an undertaking to have it resolved here this evening but we need to bring forward change and part of that change must take on board the proposals of someone like Senator Ruane who has worked in this area and they must be given careful consideration.

I thank both the proposer and seconder for bringing forward this legislation, as well as all the people who have worked with the Senator on the matter. It is something that has my support in trying to bring about change but that change must be brought about in a reasonable time.

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