Vol. 511 No. 4
28 Mr. J. O'Keeffe asked the Minister for Tourism, Sport and Recreation his views on whether the use of performance enhancing drugs by those involved in sport should be a criminal offence; and the proposals, if any, he has in this regard. [24471/99]
29 Proinsias De Rossa asked the Minister for Tourism, Sport and Recreation when he will introduce legislation to criminalise the use of drugs in sport. [24539/99]
47 Mr. O'Shea asked the Minister for Tourism, Sport and Recreation the discussions, if any, he has had with the Department of Education and Science in relation to the introduction of measures to discourage young athletes and sports people attending schools from using drugs; and if he will make a statement on the matter. [24531/99]
I propose to take Questions Nos. 28, 29 and 47 together.
Section 6(1)(d) of the Irish Sports Council Act, 1999, gives statutory responsibility to the council, established on 1 July last, to take whatever action it considers appropriate, including testing, to combat doping in sport.
Last weekend, I was pleased to launch the Irish Sport Council's national anti-doping programme and the first anti-doping test under the programme was carried out last Sunday. The programme has been designed with reference to the Council of Europe Anti-Doping Convention, 1989, which seeks a three strand approach to the reduction of doping in sport, namely, testing, research and educational programmes and information campaigns.
Testing will be focused on priority sports in the coming months and carded athletes and competitors bound for Sydney will be given immediate priority in the testing programme. To re-emphasise the importance attached to the implementation of the national anti-doping programme, national governing bodies are obliged to authorise the council to conduct testing of their athletes as a condition of funding.
The national anti-doping programme was launched as part of a major education conference for national governing body administrators, anti-doping officers, medical officers, national coaches and sports persons, held on 20 and 21 November 1999. The conference, hosted by the Irish Sports Council, outlined in detail the various elements of the programme and its operation and also dealt with many important issues that are vital for a successful anti-doping programme.
Dr. Conor O'Brien has been appointed chairman of the council's anti-doping committee. The committee will advise and assist the council on policy formulation relating to the three strands of testing, education and research required and it will also advise and assist the council's staff on policy implementation issues.
I have always believed that education has an important role to play in creating a sporting environment which fosters the pursuit of excellence and fulfilment in sport by fair and ethical means, as recognised by the Council of Europe Anti-Doping Convention, 1989.
As I have mentioned, the sports council's anti-doping programme has been designed to encompass broad educational programmes and informational campaigns. The council will emphasise the dangers to health inherent in doping and its harm to the ethical values of sport and the potential health risks in the misuse of other products such as food supplements. It is expected that the Sports Council will develop campaigns in co-operation with the National Coaching and Training Centre, Limerick, the national governing bodies and the health promotion unit of the Department of Health and Children, to take advantage of that unit's considerable experience in promulgating health education campaigns. The question of consultation with the Department of Education and Science will also be brought to the council's attention.
While my core objective up to now has been the introduction of the national sports anti-doping programme, which is predicated on active participation of autonomous national governing bodies of sport, I have also felt the measures in the programme might be complemented through the application of certain legislative based measures. A number of options have been identified, most specifically in the area of possession and supply of certain performance enhancing drugs. In this regard, I have had discussions with the Minister for Health and Children with regard to incorporating certain substances used in sport under Ireland's general drugs legislation. Discussions are at an advanced stage with regard to the types of drugs used for the enhancement of sport performances that may be suitable for inclusion in the Schedule to the Misuse of Drugs Act, and it is expected that amending legislation will be ready by the end of the year. Including certain performance enhancing drugs will send a very strong signal to those coaches, trainers, athletes and any other persons found in possession of such specified drugs that they will, in future, be committing an offence under Irish law, and be subject to the full rigours of that law.
Drug abuse in sport, of its nature, cannot be tackled at just national level. Doping in sport is an international problem which requires a concerted and co-ordinated response at international level. This has also been acknowledged at European level where the EU has committed itself to work with sports organisations in the fight against doping in sport. At the instigation of EU Sports Ministers, the European Commission has established a working group composed of officials of member states to assist in preparing a report on harmonising national and European assistance for doping control, and substantial agreement has also been reached on the tackling of the doping problem on a worldwide scale involving the establishment of a world anti-doping agency. It is vital that we work collectively to address the issues involved in doping in sport.
I will focus on the issue of sanctions against athletes who continue to use these drugs. Does the Minister agree that educational and other such provisions might have a limited effect but that, eventually, we must consider sanctions? Am I correct in saying the sanctions under consideration by the Minister will be imposed by national governing bodies and may result in suspensions, expulsions, the handing back of medals and other such measures? I also wish to focus on the criminal law. Does the Minister accept that some of these offences should be amenable to the criminal law? Does he further accept that, while he talks about sending strong signals to coaches, trainers and suppliers of drugs, sending one of them to jail would be the strongest signal of all?
I agree with the Deputy. The sanctions will be a matter for the national governing bodies and I hope they will be of a uniform nature. I am determined that they will be uniform across all sports. We do not want a recurrence of the situation in Lausanne where some sports felt they should be exempted. The Deputy is correct about the sanction of sending people to jail, and I have stated this in the past. What I am proposing has not been done in any other European country. Certain drugs require a prescription under the Misuse of Drugs Act – one cannot have these drugs in one's possession or trade in such drugs. However, this does not apply to anabolic steroids, EPO and certain other drugs.
I have supplied the Minister for Health and Children with a list of drugs which includes EPO, anabolic steroids and other drugs, and stated that I want them placed on the Schedule to the Misuse of Drugs Act, thereby making it a criminal offence to use or trade in these substances. The Deputy knows we cannot do anything about the person who wants to use drugs but we can take measures against those who possess and supply them. If these substances were included under the Misuse of Drugs Act, someone found with a large quantity of EPO would be committing a criminal offence. That is what we are doing but it requires amending the legislation which I hope to do before the end of the year.
The sooner the better.
Why is there no mention of legislation on performance enhancing drugs in sport in the section on sport and leisure in the review of the Government's programme? The issue can hardly be a high priority for the Government if it does not appear in that review. From the Minister's comments on amending the Misuse of Drugs Act, it seems the emphasis will be on possession and supply. However, if athletes are using performance enhancing drugs in competitions that involve large sums of money, surely that is a transgression of the criminal law and should be dealt with? What does the Minister envisage happening if so-called recreational drugs appear during testing? Sportspeople are role models for young people. Are sanctions proposed if they are found using recreational drugs?
I propose to add more drugs to the list in the Misuse of Drugs Act. This is not a major procedure. We could have achieved this objective very simply, but we are trying to act in conjunction with colleagues in the UK who are also trying to add a number of drugs to its list. The matter is being dealt with.
When speaking about sanctions against the use of recreational drugs, I presume the Deputy is referring to coke, hash and such drugs.
Yes.
The law exists to deal with those drugs.
I am talking about sanctions in the context of the sports in which these people are involved. These people can compete in sports which can involve large sums of money. Should action be taken against them as athletes?
The Deputy is suggesting that the Garda should take action from a criminal perspective. He is also asking whether action should be taken against these people from a sporting aspect. My answer is yes. These people should be heavily penalised in whatever manner. These drugs are included under the Misuse of Drugs Act and users would be committing a criminal offence as the law stands. Sports bodies should take a very dim view of anyone using recreational drugs, some of whom are heroes to many young people.
The issue of drugs and doping in sport has reached such a stage that when I see someone on a podium at the Olympic Games or European Championships I wonder what that person has been on. I have stated before that the Olympic Games in Sydney will not be gauged on the massive stadia built or the huge amount of money spent, but on the integrity of the games and the measures taken against doping. Those who take recreational drugs are committing a criminal offence and their sports should have nothing more to do with them.
When he took office the Minister promised blood analysis for drug testing. He is now proposing criminalising those pushing drugs.
A question please, Deputy.
Can we get back to basics? Will the Minister explain how the system will work? Let us assume a sample is taken, sent for analysis and the results come back to the Sports Council. Will the Sports Council interpret the results or is that left to the governing federation which would then invoke the sanctions? I put this question because I am concerned that the federations will have to face the cost of legal challenges if sanctions are invoked against an athlete. Some federations could be bankrupted by such challenges. Will the Minister assure me that interpretation of the results will be carried out by the Sports Council and that it will be up to the Sports Council to face any challenges in relation to the athlete's reputation?
I continue to believe that blood testing will ultimately be introduced, although more recently hair follicle testing has been found to be even more beneficial. There are constant changes in this area. For example, from a hair follicle it can be determined whether drugs have been taken in the past five years. We are quite prepared to carry out blood testing and I have asked the anti-doping committee to carry out research into the area in which blood testing can be carried out. Indirectly we can carry out blood testing by testing for EPO. It would take longer than the time available to me to explain the situation.
There is an anti-doping committee within the Sports Council which is totally independent of the council. Dr. Conor O'Brien is the head of that committee which is composed of lawyers, neurophysiologists and pharmacists. There are three areas in terms of testing. When a person is tested the material is brought to a laboratory – we are currently dealing with a laboratory in London – which sends the test results back to the anti-doping committee which interprets them. The anti-doping committee and the laboratory have normal standards in this context. The result is then reported to the Sports Council which refers it to the national governing body, and it is up to that body to take action.
I wish to clarify one point. Deputy Allen raised a very important issue. Will the council adjudicate once it receives the results and say whether an athlete is guilty of using performance enhancing drugs? Will the Sports Council take responsibility for this decision? Are sanctions the only function of the national governing body?
Does the Sports Council supply the federation with the interpretation and judgment on the test result? Is the imposition of sanctions the only function left for the federation? Who will face a legal challenge?
It is a very complicated legal matter. We are currently monitoring the situation concerning nandrolones in the UK and elsewhere which has been referred to the international federation. If I am not correct in what I am saying I will return to clarify the situation at a later stage. The Sports Council will decide whether a person has been guilty of taking drugs. That decision will then be sent to the national governing body. Last year and this year national governing bodies have been asked to change their constitutions to take account of imposing sanctions on those found guilty of taking drugs.
I have one simple question—
The Deputy has done very well on this question.
There were three questions.
I call Question No. 30 in the name of Deputy Nora Owen.
I have a request—
The Deputy did very well and asked an extra supplementary. Eighteen minutes were allowed for the three questions.
I am asking the Minister to make the committee available to the Oireachtas committee to facilitate discussion on the issue.
