Justice ministers and officials slammed for delays in introducing drug diversion programme
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Department of Justice ministers and senior bosses have been criticised by the chairman of the Citizens’ Assembly on Drugs Use for failing to have a diversion programme for those caught in possession of drugs for personal use up and running.
Paul Reid said politicians need to “step up”, and that if something is considered really serious by ministers it “gets priority”.
The former HSE chief executive made the unusual intervention after hearing an update from a Department of Justice official as to the status of legislative provisions required to allow gardaí to divert those caught with drugs to the health system.
The Health Diversion Programme was agreed by the Government in August 2019, but has not yet been implemented. It will see those caught with possession of any drug, on the first occasion, referred for a health assessment.
On a second occasion, a garda has discretion to either give an adult caution or refer the person again to the health services. On a third occasion, the garda will automatically progress with a prosecution before the courts.
The programme will run for one year and will then be evaluated.
The assembly, which is holding its fourth session this weekend, is tasked with examining the drugs problem and possible legal alternatives.
Mr Reid asked officials from the Department of Justice and the Department of Health for an update as to where implementation of the Health Diversion Programme was at.
“I would just express as chair of this assembly and I’m sure I'm reflecting the members, it just doesn’t seem a priority. It doesn’t seem anywhere near.” The comment was greeted with applause from members in the assembly.
It followed remarks from David Kehoe, assistant principal officer at the Department of Justice, that they are trying to find suitable legislation that has already been drafted or in the process of drafting that they can include the necessary provisions in.
He said that while the Government gave approval earlier this year to draft provisions, they have yet to locate appropriate legislation. He said they would “as soon as an opportunity presented itself” and stressed it remains "a priority" for the department.
Mr Reid repeatedly said he was not criticising Mr Kehoe and said civil servants are guided on policy by their ministers. He added:
He said there is a need for “politicians to really step up” and added that “if something is so serious it gets urgent priority”.
Later, closing the assembly, Mr Reid referred back to the issue and said that if the Government agreed to the diversion programme, "why the bloody hell we didn't get on with it".
A number of senior officials in the Department of Health and the HSE said that their side of the Health Diversion Programme is ready to go and that they have hired and trained nine people for each of the HSE regions to assess referrals, but that legislation is awaited.
Tony Duffin, who chairs a national committee that is overseeing implementation, said it is being progressed but legislation was required. He said it was in the Programme for Government and that it had priority “at ministerial level”.
He said the current national drugs strategy runs to 2025 and said it is up to the committee to “push this forward” and get it done in the lifetime of the strategy.
HSE addiction lead Professor Eamon Keenan said research estimates that only around 10% of people who use drugs are problematic users and in need of a health intervention.
He said the HSE will have to see what numbers will be referred for intervention and as a result of that will need to go to the Department of Health in relation to necessary budgets to increase treatment provision, adding there are already waiting lists for treatment.
Assistant Commissioner Justin Kelly said legislation regarding the Health Diversion Programme will require changes to garda policies and practices.
He said it is essential — in whatever changes to the laws that emerge either in current proposals or from the assembly — that gardaí retain the power to stop and search people in relation to drugs.
He pointed out that police in Portugal — which is a leading model of decriminalisation and diversion — still have the power to search and seize drugs.
Mr Kelly said the Gardaí are supporting the supervised injecting facility, the provision of naloxone, and the ‘back of house’ testing at festivals.