Victor Boyhan (Independent) | Oireachtas source

There is a mob that comes in and belly-aches about this and that and how we can do nothing because this is the new politics. We are in politics for this time and this moment. If we do not deliver, we do not deserve to be here. It is as simple as that. That is the bottom line. I would not want to be in the Seanad if I was not making some contribution. This is the time and Deputy Catherine Byrne is the Minister of State today. This is not a criticism of her and I acknowledge her support, but we have been elected to legislate. It is as simple as that. We need to set out a course. If Fianna Fáil, Fine Gael or any other party has a problem, it should come to the Chamber, exercise its proper democratic mandate, engage in legislative procedures, table amendments and make this a better Bill.

I acknowledge all of the Senators who took their political courage in their hands and signed to endorse this Bill - Senators Ruane, Ó Ríordáin, Kelleher, Higgins, Grace O'Sullivan, Dolan, Black, Norris, who is to my right, McDowell, Craughwell, myself, Lawless, Freeman, Ó Domhnaill, Bacik, Nash and Humphreys. They are the people who considered this to be good legislation. They gave it thought and signed it. I would not have signed if I believed that it would be a charter for drug pushers. That is not what it is about. Drug dealers need to be taken on because they are criminals who are destroying people's lives, communities and families. Let us not criminalise everyone, though. The Bill is progressive, humane and compassionate. That is why I support it. How could anyone not? It is responsive to the needs of people who have suffered for far too long, individuals who want to get on with their lives, access services, have meaningful relationships and families, work and play a role.

The drug issue does not just affect poor people. Drugs are found in every walk of life, for example, cocaine. There are people overdosing on medications and other pharmaceuticals. Let us not forget that, but what is the difference? Some people are marginalised and do not have houses or a listening or compassionate ear to help them on their way. They do not care whether they survive or succeed. This Bill addresses some of these fundamental issues. If political parties can make this a better Bill, we want to hear from them.

The Bill's purpose is to provide a 21st century approach to solving what we all acknowledge is Ireland's ongoing drug problem. It provides for an amendment to the Misuse of Drugs Acts 1977 to 2016 by inserting a new section 3 in the principal Act. This will decriminalise the possession of controlled drugs, provided that the amount possessed is for personal use only and, importantly, does not exceed the authorised amount as regulated by the Minister.

I will provide some context. In 2015, the Joint Committee on Justice, Defence and Equality undertook an examination of ways to reduce harm caused by substance abuse. The committee travelled to Lisbon, Portugal, to review its strategy and regime. Members of the public and civil society were invited to make submissions at public hearings. The committee's November 2015 report made a number of recommendations. I will not go through all of them, but I will single out a few. The report states:

The Committee strongly recommends the introduction of a harm reducing and rehabilitative approach, whereby the possession of a small amount of illegal drugs for personal use, could be dealt with by way of a civil/administrative response and rather than via the criminal justice route...

The Committee recommends that discretion for the application of this approach would remain with An Garda Síochána/Health Providers in respect of the way in which an individual in possession of small amounts of drugs for personal use might be treated...

The Committee recommends that any harm reducing and rehabilitation approach be applied on a case-by-case basis, with appropriately resourced services available to those affected, including resources for assessment (e.g. similar to the Dissuasion Committees used in Portugal) and the effective treatment of the individuals concerned...

The programme for Government states: "Completing work and commencing implementation of a new National Drugs Strategy within 12 months." That time has well and truly lapsed. We can no longer keep making excuses. The Government signed up to delivering this, but it has not done so. We cannot keep pushing out the goal posts because it suits people to dodge making real decisions. Why is the national drug strategy not complete and when will it be completed? The Minister of State might share the details with us.

Importantly, the programme for Government also states: "We will support a health-led rather than criminal justice approach to drugs use." I welcome this positive commitment, which presents an opportunity. It is about being brave, moving forward, making difficult decisions and legislating.

This Bill is the beginning of a process. I commend Senators Ruane and Ó Ríordáin on leading on this matter, but if anyone can make it better, he or she should come to the Chamber and engage in the various Stages of the legislative process to do so. I support the Bill and commend all involved in preparing it. I also commend all of those who shared their personal experiences to bring the Bill to this point.