Dáil Éireann debate -
Thursday, 21 Jul 2016

Vol. 919 No. 2

Misuse of Drugs (Amendment) Bill 2016 [Seanad]: Report Stage (Resumed) and Final Stage

Debate resumed on amendment No. 1:

In page 3, after line 28, to insert the following:

“Amendment of section 3 of Principal Act

3. Section 3 of the Principal Act is amended by the insertion of the following subsection:

“(2A) That possession of the substances listed in Part 1 and Part 2 of the Schedule not be subject to prosecution for amounts equating to personal use.”.”.

-(Deputy Mick Wallace)

Minister of State at the Department of Health (Deputy Catherine Byrne)

During the discussion on the proposed amendments to the Bill, Deputies referred to injection centres. I assure Deputies, Deputy Wallace in particular, that I intend bringing legislation to the Dáil regarding clean injection facilities. This legislation will be ready for the autumn term.

I understand the frustration behind Deputy Ó Caoláin's argument. On Committee Stage, Deputy Louise O'Reilly of Sinn Féin said that the Bill was only a small part of a jigsaw and I agree with her entirely. It is only the first, very small part and we will continue to build on it as we go and incorporate some of the issues raised. I thank Deputy Jack Chambers for his support and his response around suboxone. I will revert back to the Deputy on that issue in the near future. However, I will not accept the amendments Nos. 1 and 2.

Deputy Mick Wallace

I am glad to hear the Minister of State has promised legislation in the autumn on safe injection centres. I have listened to her points regarding our amendments, but I remain of the opinion that if the amendment is not included, the Bill represents socially damaging legislation which will allow gardaí to lock up some desperate people with no gain for anybody, left, right or centre.

Deputy Bríd Smith

If we pass this Bill without the amendment, it will be legislation that sets out to criminalise people who have a monkey on their backs, so to speak. We will also give them a second monkey, as it were, by telling them it is not a health issue, that we are not offering the services or even offering to give them back the services the previous Government slashed to bits, and that all we offer is the prospect of being arrested and possibly jailed or heavily fined for being addicted to prescription drugs which they should not possess. Deputy Wallace is right. If we wish to pursue this, the Bill must be amended to say that those carrying the drugs for personal use should not be subject to the criminalisation the Bill proposes.

Deputy Caoimhghín Ó Caoláin

I thank the Minister of State for her response. I hope the points made are being properly noted. It goes without saying that the passage of this legislation will not change very much in the way the serious matter of synthetic cannabinoids is addressed. I make no apology for specifying them. It is very important that legislation such as this is not employed as a means of compounding the already difficult lives of those who have developed a dependency on drugs. We believe the focus has to be legislation that would address seriously the suppliers and dealers. We want to see that.

I welcome that the Minister of State has indicated that legislation is being prepared to facilitate the introduction of the pilot injection centres. It is an important and very welcome proposal. I hope this calendar year will not pass without that legislation having been successfully advanced here and the project established.

Amendment No. 2, in tandem with amendment No. 1, makes an important point and merits the support of the House. While I am recording my colleague's and party’s wish that this be supported and accepted, I have indicated that we will not oppose the passage of the Bill. I do, however, believe it is an inadequate response to a critical need and, not even tongue in cheek, I refer the Minister of State and her colleagues to the most recent legislation passed in the House of Commons at Westminster. That approach merits consideration.

Amendment put:

The Dáil divided: Tá, 32; Níl, 85.

Tá

• Barry, Mick.
• Brady, John.
• Broughan, Thomas P.
• Buckley, Pat.
• Collins, Joan.
• Coppinger, Ruth.
• Cullinane, David.
• Daly, Clare.
• Doherty, Pearse.
• Ellis, Dessie.
• Ferris, Martin.
• Fitzmaurice, Michael.
• Funchion, Kathleen.
• Howlin, Brendan.
• Kenny, Martin.
• Mitchell, Denise.
• Murphy, Paul.
• Nolan, Carol.
• Ó Broin, Eoin.
• Ó Caoláin, Caoimhghín.
• Ó Laoghaire, Donnchadh.
• O'Reilly, Louise.
• Penrose, Willie.
• Pringle, Thomas.
• Quinlivan, Maurice.
• Ryan, Brendan.
• Ryan, Eamon.
• Sherlock, Sean.
• Smith, Bríd.
• Stanley, Brian.
• Tóibín, Peadar.
• Wallace, Mick.

Níl

• Aylward, Bobby.
• Bailey, Maria.
• Barrett, Seán.
• Brassil, John.
• Breen, Pat.
• Brophy, Colm.
• Browne, James.
• Bruton, Richard.
• Burke, Peter.
• Butler, Mary.
• Byrne, Catherine.
• Byrne, Thomas.
• Cahill, Jackie.
• Calleary, Dara.
• Canney, Seán.
• Cannon, Ciarán.
• Carey, Joe.
• Casey, Pat.
• Cassells, Shane.
• Chambers, Jack.
• Chambers, Lisa.
• Corcoran Kennedy, Marcella.
• Coveney, Simon.
• Cowen, Barry.
• Creed, Michael.
• Curran, John.
• Daly, Jim.
• D'Arcy, Michael.
• Deering, Pat.
• Doherty, Regina.
• Donohoe, Paschal.
• Doyle, Andrew.
• Durkan, Bernard J.
• English, Damien.
• Farrell, Alan.
• Fitzgerald, Frances.
• Flanagan, Charles.
• Griffin, Brendan.
• Halligan, John.
• Harty, Michael.
• Haughey, Seán.
• Heydon, Martin.
• Humphreys, Heather.
• Kehoe, Paul.
• Kelleher, Billy.
• Kyne, Seán.
• Lahart, John.
• Lawless, James.
• MacSharry, Marc.
• McConalogue, Charlie.
• McEntee, Helen.
• McGrath, Finian.
• McGrath, Michael.
• McLoughlin, Tony.
• Mitchell O'Connor, Mary.
• Moran, Kevin Boxer.
• Moynihan, Aindrias.
• Moynihan, Michael.
• Murphy, Dara.
• Murphy, Eoghan.
• Murphy, Eugene.
• Naughten, Denis.
• Naughton, Hildegarde.
• Neville, Tom.
• Noonan, Michael.
• Ó Cuív, Éamon.
• O'Brien, Darragh.
• O'Callaghan, Jim.
• O'Connell, Kate.
• O'Donovan, Patrick.
• O'Dowd, Fergus.
• O'Keeffe, Kevin.
• O'Loughlin, Fiona.
• O'Rourke, Frank.
• O'Sullivan, Maureen.
• Phelan, John Paul.
• Rabbitte, Anne.
• Ring, Michael.
• Rock, Noel.
• Ross, Shane.
• Scanlon, Eamon.
• Smith, Brendan.
• Stanton, David.
• Troy, Robert.
• Zappone, Katherine.

Tellers: Tá, Deputies Clare Daly and Mick Wallace; Níl, Deputies Jim Daly and Regina Doherty.

Amendment declared lost.

Deputy Caoimhghín Ó Caoláin

I move amendment No. 2:

In page 3, after line 28, to insert the following:

“Amendment of section 4 of Principal Act

3. Section 4 of the Principal Act is amended by the insertion of the following subsection:

“(4) It shall be lawful for any person, or a person of a class or description specified in regulations under this section, to have in his or her possession a reasonable amount of a controlled drug specified therein, provided that it is for personal use.”.”.

Amendment put:

The Dáil divided: Tá, 30; Níl, 72.

Tá

• Barry, Mick.
• Brady, John.
• Broughan, Thomas P.
• Buckley, Pat.
• Collins, Joan.
• Coppinger, Ruth.
• Cullinane, David.
• Daly, Clare.
• Doherty, Pearse.
• Ellis, Dessie.
• Ferris, Martin.
• Fitzmaurice, Michael.
• Funchion, Kathleen.
• Howlin, Brendan.
• Kenny, Martin.
• McDonald, Mary Lou.
• Mitchell, Denise.
• Munster, Imelda.
• Murphy, Paul.
• Nolan, Carol.
• Ó Broin, Eoin.
• Ó Caoláin, Caoimhghín.
• Ó Laoghaire, Donnchadh.
• O'Reilly, Louise.
• Penrose, Willie.
• Quinlivan, Maurice.
• Ryan, Eamon.
• Stanley, Brian.
• Tóibín, Peadar.
• Wallace, Mick.

Níl

• Aylward, Bobby.
• Bailey, Maria.
• Barrett, Seán.
• Brassil, John.
• Breathnach, Declan.
• Brophy, Colm.
• Browne, James.
• Bruton, Richard.
• Burke, Peter.
• Butler, Mary.
• Byrne, Catherine.
• Byrne, Thomas.
• Cahill, Jackie.
• Calleary, Dara.
• Canney, Seán.
• Cannon, Ciarán.
• Casey, Pat.
• Chambers, Jack.
• Chambers, Lisa.
• Corcoran Kennedy, Marcella.
• Coveney, Simon.
• Cowen, Barry.
• Curran, John.
• Daly, Jim.
• D'Arcy, Michael.
• Deering, Pat.
• Doherty, Regina.
• Donohoe, Paschal.
• Doyle, Andrew.
• Durkan, Bernard J.
• English, Damien.
• Fitzgerald, Frances.
• Flanagan, Charles.
• Griffin, Brendan.
• Halligan, John.
• Harty, Michael.
• Haughey, Seán.
• Heydon, Martin.
• Humphreys, Heather.
• Kehoe, Paul.
• Kyne, Seán.
• Lahart, John.
• Lawless, James.
• McConalogue, Charlie.
• McEntee, Helen.
• McGrath, Finian.
• McLoughlin, Tony.
• Moran, Kevin Boxer.
• Moynihan, Aindrias.
• Moynihan, Michael.
• Murphy, Dara.
• Murphy, Eoghan.
• Naughten, Denis.
• Naughton, Hildegarde.
• Neville, Tom.
• Noonan, Michael.
• O'Brien, Darragh.
• O'Callaghan, Jim.
• O'Donovan, Patrick.
• O'Dowd, Fergus.
• O'Keeffe, Kevin.
• O'Loughlin, Fiona.
• O'Rourke, Frank.
• Phelan, John Paul.
• Rabbitte, Anne.
• Rock, Noel.
• Ross, Shane.
• Scanlon, Eamon.
• Smith, Brendan.
• Stanton, David.
• Troy, Robert.
• Zappone, Katherine.

Tellers: Tá, Deputies Denise Mitchell and Donnchadh Ó Laoghaire; Níl, Deputies Jim Daly and Regina Doherty.

Amendment declared lost.

An Leas-Cheann Comhairle

The time for this debate having expired, I am required to put the following question in accordance with the order of the Dáil of 19 July 2016: "That Fourth Stage is hereby completed and the Bill is hereby passed."

Deputies

Vótáil.

An Leas-Cheann Comhairle

Will the Deputies dissenting, who are claiming a division please rise in their places?

Deputies Mick Barry, Clare Daly, Ruth Coppinger, Paul Murphy, Thomas Pringle and Mick Wallace rose.

An Leas-Cheann Comhairle

As fewer than ten Members have risen I declare the question carried. In accordance with Standing Orders the names of the Deputies dissenting will be recorded in the Journal of the Proceedings of the Dáil.

Question declared carried.