asked the Minister for Justice if, in view of the fact that the Misuse of Drugs Act empowers gardaí to arrest and detain on suspicion, he does not consider it appropriate that they should be required to keep a record of arrests under this Act for publication; and if he will issue instructions to this effect to the Garda.
Ceisteanna-Questions. Oral Answers. - Record of Arrests.
2.
The Garda Síochána do keep, at local level, records of arrests, whether made under the Act mentioned or under other powers. While they do not compile statistics of arrests as such, they compile and publish, as the Deputy is aware, statistics of charges brought under the Act and those figures should not differ much from the figure for arrests, as there is in fact no power under the Act to detain for questioning.
As a general proposition the compilation of statistics, even from a current date, is time-consuming work for the Garda Síochána, involving a diversion of manpower both at local and more central levels from the primary duties of the force. Accordingly they have to limit the statistics they compile, striking a balance between the need for information and the additional cost of adding to the amount of statistics that are compiled.
The position relating to statistics of arrest will be reviewed when the Criminal Justice Bill, which gives a limited power of detention, comes into operation.
Does the Minister not agree that the implementation of the Misuse of Drugs Act is important and that it contains an important power which enables the Garda to combat drug abuse and the pushing of drugs? Would she also agree that there is a need to monitor the use of the Bill to avoid any temptation to use its provisions in relation to crimes or misdemeanours which are unrelated to drug abuse? Does she agree that statistics should be available relating the number of arrests to the number of charges arising from such arrests?
There is a close relationship between the statistics of arrests and the number of people detained on reasonable suspicion. The Misuse of Drugs Act is only one of many statutes which give power of arrest. In addition, there are quite extensive common law powers of arrest. In relation to the compilation of statistics there is no reason why the Garda should single out arrests under the Misuse of Drugs Act in comparison with statistics in relation to arrests under the Offences Against the State Act, because that Act, unlike the others, has the power of detention.
Is the Minister aware of the anxiety among welfare workers in Dublin city and county, and in the Eastern Health Board region, because of the lack of statistics indicating the number of people using hard drugs in the Dublin area? Is the Minister aware of the representations made by the customs and excise union?
That is a different matter.
That is the first part of my question.
The first part is a different question.
The two parts are related. Is the Minister aware of the representations made by the customs and excise union to the effect that all these drugs are imported and that customs officials have not been provided with the facilities to detect drugs being imported here? This may be part of the problem. Is the Minister aware of that? Does she have any intention of doing anything about it?
The question deals with a record of arrests made under a specific Act.
We would not have any arrests if the drugs were not brought in.
It does not arise on this question.
This is an important question. Today I was at a community care centre——
It may be an important matter but the Deputy should put down a question about it.
Statistics as to the number of people on drugs are very important. We have sensationalised newspaper reports about this, that and the other but we do not have any indication of how many people are on hard drugs. The real answer to the problem is to deal with the matter at customs.
That does not arise. If what is sought in the question was carried out it would not help the Deputy.
Will the Minister consider including in the Misuse of Drugs Act customs and excise officials?
That is a separate question. This is one of the reasons why Question Time is getting out of hand.
I am anxious to ask the Minister if she would include those officials under that Act. If they were included they would come up with statistics.
If the Deputy wants that information he had better table a separate question.
Will the Minister tell the House the proportion of arrests and detentions under this heading made under the Offences Against the State Act? The Minister has told the House that the Act is being applied in such cases.
The question is about the Misuse of Drugs Act.
It is about arrests.
We must move on. Does Deputy De Rossa wish to put a question to the Minister?
The Minister in the course of her reply said that the Offences Against the State Act applies to the statistics.
The Minister could tell the Deputy what she thought might win the next race at Cheltenham but it would not be in order. It would be very far out of order but not much further than the question the Deputy is asking.
The question relates to statistics. Many of the people have been arrested under the Offences Against the State Act and I am asking the Minister for statistics in relation to that.
The question deals with the Misuse of Drugs Act and I am not allowing the Deputy to put this question. I want to get some order into the proceedings.
Is the Chair aware of what is happening outside? These are legitimate questions.
The Minister mentioned the Offences Against the State Act because that Act is used in most of these cases. This is ridiculous.
I have called Deputy De Rossa.
In regard to the Minister's comments on the Offences Against the State Act, the Minister will be aware that one out of every nine arrests under section 30 of that Act——
I have ruled such a question out of order.
I am leading into my question.
People are arrested under that Act and the Minister has said so. If the Ceann Comhairle is going to participate in the debate I suggest that he listen to the Minister's reply.
Why is it that we will not be allowed to listen to the Minister's reply?
May I put the remainder of my question to the Minister?
I must be consistent. I have already disallowed a similar question.
I am relating my question to the query I put about the Misuse of Drugs Act. The question is about statistics.
I have disallowed a question about the Offences Against the State Act.
My question is not about that Act. The Minister referred to the use of that Act in the course of her reply and I am making the point that one out of every nine arrests under that Act result in a court case.
That is not a question.
I am making the point that there is not such information available on the use of the Misuse of Drugs Act. Does the Minister not consider that such information would be important in the use of the Misuse of Drugs Act so that we could know whether it is effective, whether the people taken in under suspicion are legitimately detained or whether the Garda have sufficient powers or whatever? Statistics of this type are important.
It raises the difficulty of getting such detailed statistics. As a general proposition a compilation of statistics, even from a current base, is time-consuming work for the Garda Síochána.
They could instal computers.
It involves a diversion of manpower both at local and central level from the primary duty of the force. This would be very detailed. The position in relation to statistics of arrest will be reviewed when the Criminal Justice Bill, which gives a limited power of detention, comes into operation.
Does the Minister accept the need for statistics under the Misuse of Drugs Act?