Seanad debates

Wednesday, 20 November 2019

Criminal Justice (Rehabilitative Periods) Bill 2018: Committee Stage

 

10:30 am

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael) | Oireachtas source

I will not oppose amendments Nos. 15 and 16. Amendment No. 15 will amend section 5 by creating a new subsection to reflect recommendation 14 of the joint committee report and recommendation 10.2.2 of the working group report to consider alternative approaches to the possession of drugs for personal use, regarding the setting up of an upper rehabilitative period limit of three years for personal possession offences under the 1977 Act. The Minister for Health and I need to give further consideration to examining the legal implications and the perhaps unforeseen consequences of reducing the limits applying to the offence. I ask for the forbearance of Senators on the matter and suggest that the views of An Garda Síochána will be important in respect of the operational implications for how an approach to drug possession might be aligned with the overall regime for spent convictions.

While I will accept the amendments, I will do so against the background of my position being that further consideration of a detailed nature of the matter will need to be part of ongoing discussions between officials from my Department and the Senator. In that regard, it will be no surprise to the Leas-Chathaoirleach if I reserve the right to table amendments in the area, if necessary, on a later Stage.

Amendment No. 16 is a consequential amendment in respect of the numbering of the subsections in section 5, and I do not have a difficulty with it.

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