2. Deputy Gary Gannon asked the Minister for Justice, Home Affairs and Migration the position of his Department on the central recommendation of the Oireachtas Joint Committee on Drugs Use that the offence of personal possession of drugs be repealed; his views on whether the Government’s stated commitment to a health-led approach is inconsistent with the continued criminalisation of people who use drugs; the specific legislative steps he intends to take in response to the committee’s final report; and if he will make a statement on the matter. [49887/26]

Sentiment score: 0.20

I want to ask the Minister about the recommendations of the Joint Committee on Drugs Use, particularly as they refer to the decriminalisation of drug use. I had not intended to ask this question so quickly following the release of the report, but it is important to seek clarification on some statements the Minister made in the media. I am looking forward to addressing them because I see that they are also in the response that has been sent to me right now.

Sentiment score: 0.12

Gabhaim buíochas leis an Aire for his response. I was coming in here for a fight, but he has disarmed me somewhat with his response. What he has in his written reply is different from what he has said in that he said we went beyond the recommendations of the citizens’ assembly. I wanted to read the recommendation of the citizens’ assembly as presented on 24 October: The Citizens' Assembly has recommended that the State pivots from the status quo to a comprehensive health-led response to drugs, including decriminalisation for people found in possession of drugs for personal use. The details of how decriminalisation can be legislated for is a question that the Oireachtas should determine following detailed legal scrutiny. That is what the citizens' assembly states on its website. We also considered the matter and were quite fearful. I represent the inner city. We examined the Oregon model in detail. What we found there was that Oregon failed on a number of fronts, but for one, it did not have the assets that we have. We use the word “therefore” in our recommendation when we acknowledge the potential for substance misuse or increases on the street. We state we should empower local authorities to have by-laws similar to those on the use of alcohol on the streets. We recognised that after our scrutiny and we would empower the Garda to go further than what Oregon or any other jurisdiction, including Lisbon, was able to include.

Sentiment score: -0.05

Does the Minister honestly believe I would stand over a policy decision that would enable an increase in open drug dealing? Does he actually believe that a committee that had representation from members of all parties, including his own and including incredible members such as Deputy Brabazon, whose views differ from mine on this, and Senator Mary Fitzpatrick, would do that? We examined the matter and what we established quite clearly was that the Oregon model failed because wraparound services were not present there. It was the same with the British Columbia model. What we also established was that we have one of the highest numbers of drug-related deaths in the EU. We have several provisions in the Statute Book – sections 15, 22 and 23 – that enable the Garda to go after those who are dealing the drugs. The section of the Misuse of Drugs Act 1977 that criminalises possession for personal use actually prevents people from coming forward to seek treatment. To ensure there would be no public consumption of drugs, we recommend clearly that council by-laws be passed to enable gardaí to move people on in that scenario. Also, we recommend that if they do not move on, public order measures would enable the Garda to arrest them. I assure the Minister that neither I nor anybody else on the committee would enable or support a situation where public consumption of drugs would even potentially increase.

Sentiment score: 0.25