Citizens’ Assembly calls for ‘health-led response’ to drugs possession

Drugs possession for personal use in Ireland should be met with a health, rather than a criminal justice response, the Citizens’ Assembly on Drugs Use has recommended.

The assembly said that while possession of illicit drugs should remain illegal, those found in possession should be given “first and foremost, extensive opportunities to engage voluntarily with health-led services”.

It said such an approach would “potentially completely remove the possibility of criminal conviction and prison sentences for simple possession”.

It is one of a number of recommendations in the assembly’s final report, published on Thursday.

Taoiseach Leo Varadkar has previously said he will give “careful consideration” to any recommendations to reform Ireland’s drugs laws in the report.

The assembly, chaired by Paul Reid, has compiled the report after being tasked by the Oireachtas to considering the legislative, policy and operational changes Ireland could make to significantly reduce the harmful impacts of illicit drugs on society.

It held a number of public meetings between April and October 2023.

The report was being launched by Mr Reid and Government chief whip Hildegarde Naughton in Dublin Castle.

Among its recommendations is that the State should introduce a “comprehensive health-led response to possession of drugs for personal use”.

The report said: “The State would respond to drug use and misuse primarily as a public health issue rather than as a criminal justice issue.

“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.

“Depending on how the legislation was designed, this approach would minimise, or potentially completely remove, the possibility of criminal conviction and prison sentences for simple possession.”

It added: “A member of An Garda Siochana, on finding someone in possession of illicit drugs for personal use, would refer that person directly to a SAOR Brief Intervention, designed to assess, inform, dissuade and prevent people from developing problematic drug use, and where appropriate, offer a person an onward referral to addiction services.

“This mirrors the practice in both Austria and Portugal, which both combine health diversion, decriminalisation and dissuasive sanctions, which the assembly has heard about in some detail.

“There are several open questions about how Ireland might best legislate for this model, but it is clear that this approach seeks to combine the objectives of health diversion, dissuasion and decriminalisation.”

Mr Reid said that following his meeting with the Taoiseach Leo Varadkar earlier on Thursday, there was a “strong recognition” that something needed to change.

“We can’t keep doing things the way we are and we do need to make a shift in our policy and our strategy and services,” Mr Reid said.

He added: “Obviously, we recommend that a decriminalised model put in place, to pivot and shift away from the current model of the first point of entry for somebody caught in possession for personal use, potentially being through the criminal justice system.

“There has to be a very fundamental shift in terms of how we approach that.

“Secondly, we are calling for stronger political priority to push into the oversight of this issue.

“Yes, the departments and the agencies all have a key role, but we really want to see the political oversight of this being very strong and we are calling for a dedicated Cabinet committee chaired by An Taoiseach.

“So many members expressed frustration that there has been legislation left on the shelf, which hasn’t been enacted, which could have moved us in a health-led approach.

“We want to see this now really taken with urgency.

“Prioritisation of the supports, particularly for marginalised and stigmatised communities. We heard very strong lived experiences of people and communities and families who suffer awful stigma and awful marginalisation.

“We do want to see those communities prioritised.”

Minister of State for Public Health, Well Being and the National Drugs Strategy Hildegarde Naughton said that the Government is committed to taking a health-led approach to the issue of illicit drugs.

“As we’re all aware, the misuse of illicit drugs affects every part of Irish society, whether urban or rural, affluent or disadvantaged,” she said.

“The misuse of drugs has devastating consequences not only for the individuals grappling with addiction, but also for their families and the communities where they live.

“We are all aware of the consequences of poor health and mental health outcomes for people in addiction, families torn apart, profiteering by unscrupulous gangs from the misery of others, drug related intimidation of communities, just to name a few.

“Government is committed to taking a health led approach to the issue of illicit drugs, a position which is endorsed by this report.”