asked the Minister for Health if he considers that the existing legislation in relation to misuse of drugs is strong enough to combat the current drug problem.
Ceisteanna—Questions. Oral Answers. - Misuse of Drugs.
7.
Existing legislation in relation to the misuse of drugs is contained in the Misuse of Drugs Act, 1977. No significant flaws in this Act have come to light. However, certain proposals, which would facilitate enforcement of the provisions of the Act, are being examined by my Department in conjunction with the Department of Justice. The Special Task Force recently established by the Government to consider the question of drug abuse will also review and report on existing legislation.
In view of the increased incidence of drug abuse would the Minister consider setting up advice and/or treatment centres, if necessary, in conjunction with the Department of Justice, in order to put out of circulation both the users and pushers of drugs?
I am at present awaiting the report of the Special Task Force of Ministers of State and I do not want to pre-empt their recommendations. My suggestion to Deputies is that if they have any particular views at this stage they should convey them to the secretary of the task force who is a civil servant in the Department of Health, Mr. Usher, who will readily convey those views to the committee. My Department will be making their views known to the task force and I expect to receive their report within five or six weeks. In the meantime it would be better if I did not prejudge their recommendations.
The Minister will be aware of the public concern over some recent court decisions with regard to drug pushers in particular. Would the Minister consider including crimes for drug pushing as a scheduled offence in the Special Courts?
I will make a personal observation here. I am personally opposed to the question of drug pushing being encompassed — I presume the Deputy is referring to the Special Criminal Court — in the Special Criminal Court. I am personally opposed to that. I am not opposed to particular scheduled offences in another context encompassing drug-pushing. Certainly I would not favour the legislation, relating to the Special Criminal Court, being used for drug-pushing as such. It can be dealt with effectively and rigorously under alternative legislation.
Would the Minister care to suggest what alternative legislation?
That is being considered by the Government at present.
While the Minister awaits this report and considers various types of legislation he must be aware of this ever-growing problem and concern felt throughout the whole country in regard to the abuse of drugs. Would he not consider that we have reached an emergency situation in which drastic action, such as the scheduled offence, is the way to tackle it at this stage? Apparently the Special Criminal Court seems to be the only court that is effective any more.
I have received very detailed representations on this matter. As the Deputy will be aware, as a former office holder, various submissions have been received from former Attorneys General and from the Department of Justice relating to the measures to be adopted in relation to drug pushing. These are currently being considered. I would stress that the emergency situation arises in a particular part of Dublin at present. It is very serious, the Government are very gravely concerned about the matter and have been discussing it at some considerable length.
In view of the fact that traffic in drugs is now running at the rate of approximately £20 million to £25 million per annum and notwithstanding the report from the Special Task Force would the Minister himself, in order to combat the problem, consider pre-empting that report by stating now that centres of detention and rehabilitation could be set up by his Department, particularly in new urban areas where there is an increased incidence of that crime?
Those of us who, over the years, had a particular interest in this area would agree that it is as much a matter of social and public education, of creating, within the community, a very intense awareness of the appalling dangers of public addiction. In that I include anything from alcohol to heroin; they are all addictive drugs. The worst and most appalling drug problem we have in this country, and we should maintain a serious sense of proportion in regard to it, is alcohol addiction. There are 45,000 alcoholics in this country, whereas ——
The Government's tax laws are sorting that out.
It is a serious problem but we must not lose our sense of perspective. We have, in the greater Dublin area ——
We should try to avoid a debate on this question.
——some other hundreds who are involved in other aspects of drug addiction. But detention centres, the Special Criminal Court and the rest will not solve the problem. It will be solved in the homes by parents, in the schools and by young people having an absolute personal awareness of the horrors and dangers of all kinds of drug addiction, from tobacco, to alcohol to heroin.
Deputy O'Hanlon and Deputy R. Burke rose.
There were four more Deputies offering.
This is a very serious matter. I accept fully the point made by the Minister with regard to the need for social and family awareness and education. But until the problem of the pusher is tackled — and he is the evil behind this drugs problem — we will not really solve the problem despite the best help afforded by education, awareness and so on. Would the Minister not consider, as an emergency measure, taking some very strong action such as the scheduled offence in the Special Criminal Court?
In relation to drug pushing, the community is aware, and the individuals are known individuals in our community, particularly in Dublin ——
But they get off when they are brought to the courts.
I would urge any citizen or any family who has any awareness of — and a number of citizens have come to me in the public interest — or any information about known activities of these individuals to convey it immediately to the Garda Drugs Squad. It is only through that kind of public awareness and vigilance that young people particularly, who are extraordinarily vulnerable, can be protected from the evils of drug pushing.
Deputy Durkan and Deputy O'Hanlon rose.
I do not want to get into a hassle or wrangle with Deputies but if Question Time is going to be availed of for a mini-debate on policy on drugs, or on this that and the other thing, it will get out of hand.
Well this is an important issue ——
Of course, they are all important issues.
——and we are awaiting a report of a committee. Pending receipt of that report would the Minister accept that the facilities in Jervis Street are totally inadequate? For example, they do not have a special unit for persons with infectious hepatitis arising from drug taking, that they have totally inadequate space, and also that there are no facilities——
The question is about legislation. Now we are way into treatment and so on.
On the legislation, would the Minister accept that the sentences being given by the courts are totally inadequate at present? The Minister himself stated that people should give information to the Garda. The basic problem is that people are being caught, brought before the courts and I am asking the Minister if he accepts that the sentences being handed out to them are totally inadequate and do not act as a deterrent.
I would be guilty of a dereliction of duty if I allowed a debate on each question to drag on casually for half the day. It is not in the interests of the people who put down questions and it is not in compliance with Standing Orders. There is nothing personal in it. Would the Minister answer the last question?
I regard myself as being precluded, as a Member of the Oireachtas and an office holder, from commenting on sentences. Our job is to enact the law and it is the job of the Judiciary to enforce the law. Deputies should exercise great restraint in commenting on the individual actions of individual justices.
A final question from Deputy Durkan.
Would the Minister consider it essential that centres of custodial care be set up in order to look after the interests of the users, thus undermining the authority of the pushers?
An examination of the report on drug abuse and the case histories of those who have been in prison and have come out would show that the demand for custodial care and detention is not at all a solution.