Some drug users may not face prosecution for personal use under new recommendation
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Addicts and those with mental health issues may no longer face prosecution if they are found in possession of certain drugs.
A high-level task force set up to look at mental health and addiction within the criminal justice system has recommended gardaí be given the power to caution for such drugs, provided they are for personal use.
The Justice Minister has said an update to laws around the possession of drugs will not be straightforward.
However, Helen McEntee said it is something the government is willing to work through as part of recommendations made by the taskforce on mental health.
The move would see gardaí have the power to caution those in possession of drugs such as cocaine and ecstasy instead of prosecuting them.
The idea is to help people with serious mental health or addiction issues and keep them out of the criminal justice system.
Ms McEntee said it will not be easy but it is something they are committed to working on.
"We have, as a government and not just this government but previous governments, agreed to look at this from a public health perspective in trying to work with and support people who have addiction problems," said Ms McEntee.
"Really this is just another iteration of that. It is not straightforward.
"How do you differentiate and how do you look at people who have addiction problems and then other issues as well? But it is something we will work through as part of the recommendations."
The Department of Health said today there is a need to move beyond cautions and other coercive sanctions and divert people to health services for help with their addiction.
"They need help to overcome their addiction, and not be penalised for having a health issue," a spokesperson told the .
"Diverting people to health services for support is a more effective use of resources than going down the criminal justice route."
This type of health-led approach will help individuals using drugs to avoid a criminal conviction, which can have far-reaching consequences for people, particularly young people.
The focus of this approach is on the rollout of the Health Diversion Approach for those found in possession of drugs for personal use, the department said.
The programme will connect people who are using drugs with health services and a pathway to recovery.
The new diversion system was first announced in August 2019 and was originally due to be in place by autumn 2020.
The Department said the commencement of the programme is currently being finalised and will be reviewed following the first full year of implementation.
Currently, the HSE is actively expanding its capacity to provide SAOR screening - Support, Ask and Assess, Offer Assistance, Refer - as well as interventional support.