Oireachtas committee to tease out what assembly means by drugs decriminalisation

Speaking to the Irish Examiner, she said the political system needs to be “very clear” on the law by the end of Oireachtas hearings and the Government’s response to the report.

She said the seven months of assembly discussions was just the “start of the conversation” and that any “unintended consequences” of its recommendations had to be identified.

Assembly chair Paul Reid said he had a “very encouraging” meeting with Taoiseach Leo Varadkar and Ms Naughton and was “very reassured” of their commitment.

The report recommends “political leadership” on the drugs issue, led by a Cabinet committee on drugs use, chaired by the Taoiseach.

Members voted overwhelmingly for a “comprehensive health-led approach” for all drugs, but, in relation to cannabis, there was only a single vote between this approach and legalisation.

The report said: “While possession of controlled drugs would remain illegal, people found in possession of illicit drugs for personal use would be afforded, first and foremost, extensive opportunities to engage voluntarily with health-led services.”

The assembly has left the legal means to achieve this to the Oireachtas.

Ms Naughton said a special Oireachtas committee, tasked with examining the report, would be set up “without delay”.

She pointed out that the Government had already agreed to set up a health diversion programme. This was agreed in 2019 but, five years on, it has not yet commenced. It envisages users caught with personal possession of drugs being given up to two referrals to a health intervention, instead of criminal prosecution.

Ms Naughton said there are “legal issues” with implementation and that she was continuing to work with the Department of Justice.

During the assembly, the Department of Justice and An Garda Síochána opposed any further legal reforms and, instead, backed the existing diversion programme.

Garda Assistant Commissioner Justin Kelly said they were supportive of the Government’s health-led approach and said they would work with the committee set to examine the report.

“I think a lot of it is going to be in the details,” he said. “The Government will put in place a committee — and I’m sure our input will be sought.”

Former drugs minister Aodhán Ó Ríordáin said it “felt like an historic day”, while Andy O’Hara of drugs users’ group Uisce said the report could be a “seminal moment”, but urged proper implementation.

Tony Duffin of the Ana Liffey Drug Project said a comprehensive health led approach was “critical” and hoped to see personal possession decriminalised.

Former senior garda Michael O’Sullivan said decriminalisation sent the message to people that drugs were not illegal: “The fear of the law will be gone. If you open the flood gates, you won’t close them again.”