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

When I was appointed as a Minister of State last year the first thing I did was to contact Senator Ruane and a number of Deputies and Senators to discuss the national drug strategy with them. I felt it was an important start for me to get the views of everyone and not just of political parties. At the time I made it my business to listen and to note, but above all to listen to things we do not normally do in here and to think outside the box. I believe this is thinking outside the box.It is a conversation that is long overdue. I am delighted that Senator Ruane has brought the matter to the Seanad this evening. We have had long conversations about it over the past few days and have had hiccups here and there. I want to make it very clear that no matter who is in this job next week or next year, legislation passed by the Dáil and the Seanad must be in line with the law. We cannot just pass legislation for the sake of it. We have to dot all the "i"s and cross all the "t"s. That is what today is about. I thank Senator Ruane for her co-operation in allowing the debate to adjourn this evening for reasons I will outline shortly.

I thank Senator Ruane for tabling the Bill. I thank all who are in the Chamber this evening and those who have been present for debates on the national drugs strategy in these Houses in the past. The Bill provides an important opportunity to discuss our approach to people who come into contact with the criminal justice system as a result of their drug use. I am aware that Senator Ruane has genuine concerns about those who find themselves in this situation. I would like to say from the outset that I share those concerns, as do most normal-thinking people. We would all agree that people need a second chance and that we need to look after the most vulnerable among us.

I believe the Bill is well intentioned. It seeks to address drug use as a social and health issue rather than as a criminal justice matter. This reflects a growing level of interest in the issue of decriminalisation in Ireland and internationally and is consistent with the programme for Government commitment to support a health-led rather than a criminal justice-led approach to drug use. I believe that what we need is a public health approach to substance misuse. I know there is cross-party support for a compassionate and humane approach to drug users who come into contact with the criminal justice system, without losing sight of the victims of crime.

There is a general acceptance of the need to divert drug users with possession offences away from the courts system, where appropriate, and into treatment services that promote recovery. Criminal convictions, resulting in a lifelong criminal record, can represent a serious impediment for people seeking to move on from drug misuse. Such convictions can limit opportunities for the person concerned, particularly in the areas of access to employment, housing and travel. Senator Ruane and I, in the context of my responsibility for the national drugs strategy, have met many young people around the country who have come out of addiction and still find it very difficult to get a job or a home, or to travel outside the country. I feel very compassionate towards them and am passionate that we need to do something about it. There can be very severe repercussions for young people and their future prospects, which can impact on a drug user’s potential for rehabilitation and reintegration into society.

However, finding an alternative approach to criminal sanctions in cases involving possession of small amounts of illegal drugs for personal use is a complex matter and we need to ensure that any changes would be appropriate in an Irish context. In Ireland, there has been a great interest in the Portuguese model, under which it is still an offence to possess illegal drugs, but it is now treated as a civil administrative matter in certain cases. In 2015, the Joint Oireachtas Committee on Justice, Defence and Equality visited Portugal, held public hearings and produced a report which concluded that a health-led approach, rather than a criminal sanction, may be more effective and more appropriate for those found in possession of a small amount of illegal drugs for personal use. I believe that we need to further explore the Portuguese model and other international models.

Finding an alternative approach to criminal sanctions in cases involving possession of small amounts of illegal drugs for personal use is an issue which now needs to be dealt with in the context of the new national drugs strategy. The national drugs strategy steering committee has been mandated to develop an integrated public health approach to substance misuse. This is consistent with the programme for Government commitment to support a health-led rather than a criminal justice approach to drug use. The need for a health-led approach to those with drug-related problems was also raised repeatedly during public consultation on the new strategy. This reflects a welcome change in public attitudes to people with drug problems. The steering committee on the new strategy is expected to report within the next two weeks. This report will advise on the future direction of Government policy to tackle the drug problem, and will address a number of the issues raised in the Bill.

The steering committee has considered the case for a health-led and harm reducing approach to the needs of those found in possession of a small amount of illegal drugs for personal use. I understand the committee felt a number of issues needed to be looked at before it could recommend any change in policy in this area. In Ireland, substances that may cause harm and which are prone to misuse are controlled under the Misuse of Drugs Act. Under the legislation, unless expressly allowed to do so, it is illegal to possess, supply, manufacture, import or export a controlled substance. The objective of the legislative framework is to protect the public from dangerous or potentially dangerous and harmful substances. We will continue to need a framework in Ireland to protect public health from the risks attached to using dangerous or harmful substances. We need to understand the potential impact and outcomes for the individual, the family and society. We need to ensure that we incorporate well thought out and workable processes in any proposal. It would also be important to understand the consequences of any alternative model for the health system and the criminal justice system. It is intended that the report of the national drugs strategy steering committee, which is due shortly, will outline a recommendation to establish a working group to examine this issue in more detail, which would report to the Minister responsible within 12 months.

While I believe the Bill is well intentioned, I do have significant and serious issues with parts of it. The Misuse of Drugs Acts are designed to prevent the abuse of certain drugs and to regulate the various professional activities associated with such substances. It imposes prohibitions on various activities associated with controlled drugs but contains provisions and positive obligations to ensure that certain controlled drugs are available and that persons or classes of persons are enabled to do certain things with those drugs for medical, industrial and scientific purposes. Possession is the most basic offence under the Acts and is a constituent element of many other offences contained within the Acts. The Bill removes the prohibition on and the offence of possession and replaces it with nothing. This would adversely affect the ability to control these potent and dangerous drugs. The Bill would effectively legalise possession of all drugs for personal use and would mean that a person in possession of controlled drugs could not be prosecuted under the misuse of drugs legislation, where the quantity is determined to be for personal use. It would become effectively legal to possess drugs like heroin, cocaine, cannabis and so-called legal highs such as 25I NBOMe or n-bombs. This is not decriminalisation; this is de factolegalisation.

The Bill removes the offence of possession and replaces it with nothing. This is a problem as I believe that legislation has to be carefully crafted to ensure that no unintended or undesirable consequences occur. Another area of concern for me is the fact that under this Bill, the Minister would set the quantities of each drug deemed to be for personal use. This would prove very difficult, considering the huge number of different drugs available and the different effects they have on the body. In Cork last year, when some young lads dabbled in taking tablets unfortunately one of them passed away. Every individual is different and people may have different physical reactions to taking a certain drug. I would therefore find it difficult, as a Minister, to quantify how much of which drugs people could take on a legal basis.

The misuse of drugs legislation is complex. Any amendments to it must be carefully considered and constructed so as not to undermine other provisions within the legislation. The possession of controlled drugs is the fundamental offence created under the Misuse of Drugs Acts and possession is a constituent element of many other offences under the Acts. In replacing section 3, the Bill as proposed undermines a tenet crucial to the construction of the entire misuse of drugs legislation in Ireland. It removes the prohibition on and the offence of possession of controlled drugs. Without the fundamental prohibition and offence of possession there can be no practical or legitimate mechanisms for controlling the import, manufacture, production, preparation or transportation of controlled drugs for their many legitimate and important medical, industrial and scientific uses.This includes the use by health care professionals or patients with a prescription. We need a compassionate and humane approach to drug users who come into contact with the criminal justice system, but a change to our legislation on such an important matter requires careful consideration and public buy-in. As a result, this is a matter that needs to be dealt with under the national drugs strategy, and dealt with as a matter of urgency. I look forward to bringing my proposals for a new national drugs strategy to Government at the earliest opportunity, so that we can start the process of implementing an integrated public health approach to the drugs problem in our society.

I commend Senator Ruane on the work she has done on this Bill. It has not gone away. This is only the beginning of this Bill and I will do anything I can, with the working group on the national drugs strategy, to help put in place a Bill that covers all angles and does not leave us open to any legal challenge, which is the most important point. We have to accept that when a Bill comes into either House, it has to be scrutinised not only by the Minister and Department, but by the Legislature. We found complications in the Bill which we need to examine in more detail and rectify. Above all, we must not stop the conversation on this issue. I commend the Senator because what she has done this evening has opened an avenue to many people who would never have been able to stand up and speak openly about their addiction and how it has affected their families, their communities and the Irish people. I thank her and I thank the Seanad for giving me time to speak here this evening. Whether I remain in this job or not, I will continue to help the national drugs strategy because we all have a voice in bringing legislation forward. That is very important.