Timmy Dooley (Clare, Fianna Fail)
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Question 105: To ask the Minister for Defence the changes he has made to the Defence Forces drug testing programme; the number of personnel tested under the programme in 2008 and to date in 2009; the number and rank of those who tested positive; the type and class of drugs detected; the action taken when a member tests positive; and if he will make a statement on the matter. [17752/09]

Willie O'Dea (Limerick East, Fianna Fail)
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On 11 March last I signed into effect new Regulations covering the operation of the Compulsory Random Drug Testing programme (CRDT) in the Irish Defence Forces. The Irish Defence Forces policy on drug and substance abuse or misuse is based on the premise that unlawful possession, supply or use of a controlled drug is incompatible with membership of the Defence Forces. Any member who tests positive is liable to be removed from the Defence Forces. A CRDT programme aimed at deterrence was introduced in October 2002.

A review of the existing regulations became necessary arising from a High Court judgment last year. The new Regulations strengthen the administrative process, which follows a positive test result. They also provide for the introduction of Targeted Drugs Testing, in certain circumstances, which may be afforded to an individual with their agreement for a period not greater than 18 months. The main changes introduced in the case of a positive test include:

Additional time for an individual to make representations;

A more structured approach to the consideration of individual representations by a Commanding Officer and a Formation Commander;

The appointment of an Appeals Officer to conduct a hearing in the event of an appeal;

The facility for a Formation Commander to defer, for a period not exceeding eighteen (18) months, a decision on discharge/retirement or retention of an individual;

Targeted Drug Testing regime for use in association with the Formation Commander's discretion regarding deferral of a decision on discharge/retirement or retention.

When a member tests positive, they are afforded the opportunity to have a "B" sample tested independently. In the event that this also tests positive, the individual is assigned to duties of an administrative nature. At the same time, the administrative process as laid down in Administrative Instruction A7 Chapter 3 is initiated. This provides for the submission of representations by the individual prior to a recommendation being made by the Commanding Officer as to whether the person should be retired/discharged, retained or retained conditional on participation in a Targeted Drug Testing programme.

If the individual does not accept the recommendation, it is open to them to make further representations to the Formation Commander who may then appoint an independent Appeals Officer to conduct an appeal "de novo". Having considered the issues and any written or oral representations, the Appeals Officer makes their recommendation as to whether the person should be retired/discharged, retained or retained conditional on participation in a Targeted Drug Testing programme. The recommendation is considered by the designated authority and a decision made regarding which course of action is to be followed.

The objective of Targeted Drugs Testing is to ensure that an individual, who has previously tested positive for the presence of a controlled drug but who conditionally remains in service as a result of a decision of their Formation Commander, is performing his/her military duties devoid of the presence and/or influence of any controlled drug or substance. Targeted Drugs Testing (TDT) may be invoked for a period of up to 18 months in circumstances where, at the discretion of a Formation Commander, a decision/recommendation is deferred on the retention or otherwise of an individual who has had a positive test result on a CRDT or a TDT. TDT will only be invoked with the agreement of the individual concerned. TDT involves the individual agreeing to submit to targeted drugs testing, in addition to the random selection process, for a period of up to 18 months, the commencement of which will be determined by the formation commander or equivalent.

An individual who agrees to submit to targeted drugs testing may expect to be tested up to six (6) times over a maximum period of eighteen months. As with CRDT, no prior notification of the date/dates of targeted testing will be given. Targeted tests will be conducted in a similar manner to that prescribed for CRDT. An individual who has a positive test result recorded against him/her on a TDT will be dealt with in the same manner as a positive test result on a CRDT. The following table shows the numbers of tests conducted in 2008 and 2009 to date, as well as outlining the results: