Lynn Ruane (Independent) | Oireachtas source

I move amendment No. 15:

In page 7, between lines 11 and 12, to insert the following:"(5) Notwithstanding subsections (1) to (4), the relevant period in respect of a relevant sentence imposed on a person for an offence under section 3 of the Misuse of Drugs Act 1977 shall be the lesser of the following:

(a) the period determined in accordance with subsections (1) to (4);

(b) the period of 3 years.".

Amendment No. 15 allows for a distinct treatment for simple drugs possession offences under section 3 of the Misuse of Drugs Act 1977. Amendment No. 16 is a technical amendment.

As the Minister will be aware, the working group to consider alternative approaches to the possession of drugs for personal use convened between the Department and the Department of Health delivered a report in July which called for a shift in our drug policies from a harsh criminal justice focus to one focused on public health. As the Minister will be aware, I have a significant interest in this area and have tabled my own legislation on an public health approach to drugs policy.

A key part of this shift announced by this report will be how we treat old convictions for simple drugs possession and in its ancillary recommendations, the working group called for allowing all personal use convictions to become spent and for the rehabilitative period to be reduced to three years. This recommendation was then endorsed by the Joint Committee on Justice and Equality in recommendation No. 14. I am proposing to enact it by providing that the waiting period will still be proportional if shorter than three years, with three years set as the maximum wait. This is a key part of the proposed shift away from treating drug issues with the criminal justice system. I believe it aligns closely with the work of the working group this year and allows for some of the recommendations from that working group to be given life.

Obviously, this is something that is extremely close to my heart in relation to drugs possession, and especially in respect of Garda vetting and the significant amount of people who we keep out of certain sectors because of simple possession in their past. I hope the Minister can accept the amendment.