Dáil Éireann debate -
Tuesday, 19 Jun 1984

Vol. 351 No. 8

Misuse of Drugs Bill, 1984: Second Stage.

Question proposed: "That the Bill be now read a Second Time."

Minister for Health (Mr. B. Desmond)

The purpose of the Bill is to amend and extend the provisions of the Misuse of Drugs Act, 1977. That Act, which was the subject of detailed discussion on Committee Stage by an all-party committee of the Dáil, constitutes the basic legal framework for a wide range of controls over the supply and distribution of certain dangerous or otherwise harmful drugs. In addition, the Act specifies offences and penalties in relation to the possession of and illicit traffic in drugs, includes provision for procedures for dealing with irresponsible prescribing of controlled drugs and provides the Garda Síochána with powers of enforcement.

Regarding the changes in the pattern of drug abuse since 1977, since the enactment of the 1977 legislation seven years ago the whole pattern of drug abuse has changed considerably, both in terms of magnitude and the nature of the problem. The level of drug abuse has increased dramatically. Statistics from the National Drug Advisory and Treatment Centre in Jervis Street show that in January 1984 a total of 336 attended for treatment, whereas the corresponding figure for January 1983 was 232. This represents an increase of some 45 per cent. Perhaps most alarming is the increasing incidence of abuse of harder drugs such as heroin. This phenomenon was documented in the recent survey carried out by the Medico-Social Research Board in a north inner city area of Dublin. Ten per cent of those surveyed in the 15-24 age group were found to be abusing heroin.

In response to the growing incidence of the problem and in an attempt to devise a co-ordinated plan of action to combat it, the Government last year set up a Special Governmental Task Force on Drug Abuse to review and report on the problem. Following consideration of numerous oral and written submissions from experts and various other bodies with an interest in the problem, the task force made a number of recommendations covering the areas of law enforcement, treatment facilities, education, research and community and youth work services. The implementation of these recommendations is currently being monitored by the task force and a substantial degree of progress has been made.

The task force in their recognition of the need for new legislation highlighted in particular certain deficiencies in the 1977 Act and the need to amend the existing legislation in order to deal more effectively with the problem. The proposals put forward by the task force have been incorporated in the Bill, together with desirable changes recommended by other parties concerned with controlling the drug problem.

I believe that the general provisions in the Bill, based as they are on informed opinion and perceived needs, deserve the wholehearted support of this House. I should say at this point that I welcome and will, of course, give careful consideration to any suggestions which Deputies may wish to make to improve the Bill and which are deemed desirable.

Regarding enforcement provisions, the Bill is primarily designed to facilitate the enforcement of the provisions of the 1977 Act. Certain technical difficulties have been experienced by the Garda which have impeded their work in enforcing effectively the current statutory controls. Sections 9 and 10 of the Bill will remedy these deficiencies by providing the Garda with clearer powers in relation to the search of persons and vehicles, vessels and aircraft and in relation to the issue of search warrants. For example, section 9 makes it explicit that the power of a garda to search a vehicle, vessel or aircraft where he suspects an infringement of the law, includes power to search containers etc. thereon. It also provides that the owner or person in charge of the particular vehicle, vessel or aircraft may be required to remain present for the duration of the search. Section 10 provides for the issue of search warrants in cases which were not covered before — for example, where there are reasonable grounds for suspecting the illegal cultivation of cannabis, opium poppy or the coca plant. Provision is also made for the issue of search warrants in respect of lands, caravans and tents in addition to premises.

The provisions of section 7 of the Bill will mean that members of the Forensic Science Laboratory no longer have to attend court to give evidence in relation to inspections and analyses carried out by them on drugs which are the subject of prosecutions. Instead, a certificate of analysis signed by the officer who has carried out the analysis will suffice.

The new definition of cannabis and extension of prohibition on cultivation of cannabis and the opium poppy to include the coca plant, as provided in section 2 of the Bill, will greatly facilitate prosecutions in relation to the cultivation, possession etc. of cannabis. The existing definition failed to capture much of the home-grown variety. In addition, section 8 of the Bill extends the current prohibition on the cultivation of cannabis and the opium poppy to include the coca plant.

Since coming into office I have had on occasion to refer a number of cases of irresponsible prescribing of controlled drugs for investigation in accordance with the procedures set out in the 1977 Act. I found these procedures to be very cumbersome and time-consuming, involving referral to the registration authority concerned, followed by the setting up of various committees. In cases which call for the prohibition of prescribing as a matter of urgency a separate advisory panel must be established.

Section 3 and 4 of the Bill provide for a streamlining of the machinery involved in the investigative procedure. They provide that the Minister, and not as heretofore the registration authority concerned, may establish a committee of inquiry where he considers that there are grounds for giving a special direction prohibiting a practitioner from prescribing controlled drugs. Pending the report of the committee of inquiry, the Minister may issue, where he considers it necessary a temporary prohibition.

The committee of inquiry will investigate the allegations, consider any representations made by the practitioner and report on the matter to the Minister. It will then be a matter simply for the Minister to decide whether or not to issue a special direction, without recourse to the further procedures provided for in the 1977 Act which have been found in practice to be superfluous and time-consuming. In cases where the Minister decides to issue a special direction, the practitioner will still have the right to appeal to the High Court which is provided for in section 11 of the 1977 Act.

The growing level of drug abuse has brought about an increase in public awareness of the problem. The greater awareness has been paralleled by increasing demands for higher penalties for those found guilty of drug offences. Section 6 of this Bill provides for an increase in the maximum monetary penalties which can be imposed on summary conviction in order to take into account the change in money values since 1977 and the increasingly serious nature of the drug-pushing problem.

The current maximum monetary limit of £3,000 for serious indictable offences such as drug pushing has been removed. This particular provision is designed primarily to apprehend those "well organised" drug pushers who are involved for financial gain. The section also provides for an increase in the maximum sentence for a convicted drug pusher from fourteen years to life imprisonment.

Over the years the courts have been hindered in passing sentence on drug pushers as a result of the current mandatory remand provision pending receipt of reports on their medical and social backgrounds. Section 11 of this Bill provides for the substitution of a discretionary remand provision for the mandatory one as it is obviously inappropriate to defer sentences in serious cases such as drug pushing where the problem of addiction does not arise.

We are all aware of the power of the media to influence our thinking and everyday actions. Young people are particularly vulnerable in this regard. Section 5 of the Bill provides that books and magazines which encourage drug abuse and advertise equipment for use by drug abusers may not be printed or sold. I believe that this prohibition is necessary to guard against the introduction of publications of this sort into this country.

In conclusion I appreciate that the new legislation will not on its own provide an immediate solution to this complex problem. Nevertheless, I believe that the increased penalties will prove an effective deterrent for those engaged in drug pushing etc. Also the facilitation of the enforcement procedure will go some way towards achieving more rapid apprehension of those responsible for committing offences.

I referred earlier to the recommendations of the Task Force on Drug Abuse, which are currently being implemented and which take into account the many facets of the drug problem. The recommendations as a whole comprise a comprehensive plan of action. I believe it will make a substantial contribution to the containment of the problem. I have already implemented a large number of the measures concerned in the treatment area, the education area, the community area and, today, in the legislative area. I am hopeful that the House will appreciate the urgency of the new measures proposed and will support me in this regard.

Dr. O'Hanlon

The principal Act, the Misuse of Drugs Act, was first presented to the Dáil in 1973 and came into operation in 1979. As the Minister has pointed out the main work on that legislation was done by an all-party committee in 1976. After a lot of hard work by all sides in the House the legislation was agreed by the parties. It is in the spirit of that all-party approach that I would like to discuss the Misuse of Drugs Bill before us today.

The Misuse of Drugs Act is very important legislation which deals with a situation which is difficult and complex. The principal Act was new and it is appropriate that after five years in operation we should review it to see how it can be improved. While most of the amendments proposed by the Minister give more power to the Garda and increase the penalties for offences it is important to balance between giving the necessary power to the authorities to implement the legislation to recognise the special problems and the needs of the addict. Many addicts are young people without any evil intent and they unwittingly get hooked on drugs without knowing the harmful consequences of their action. They often require medical care and attention rather than punishment.

There is no doubt that there has been a serious increase in substance abuse in the country over the last ten years, particularly over the last five years. It is important at the outset when we are speaking about substance abuse and drug abuse to recognise that far and away the greatest problems in the country are still created by the amount of alcohol consumed and the amount of tobacco smoked. While the abuse of drugs is a very serious problem, particularly in this city, we should not lose sight of the need to see what we can do to ensure that the people do not damage their health or other people's health through the abuse of other substances. It is important to recognise that the abuse of alcohol and the abuse of tobacco are two substance abuses which are causing serious problems.

In the sixties there was practically no drug addiction not alone in Ireland but throughout Europe. The few addicts we had became addicted to drugs abroad. It is interesting to note that in 1966 only one person was charged with drug offence. By 1979 that had risen to 594 people and by 1982 to more than 1,500 people. It is an increasing problem and the particular substances used vary from country to country. We seem to be the only country who use dicanol, an opium derivative, on any large scale. We have got a problem now with the abuse of heroin which is of crisis proportions, particularly in Dublin. The heroin problem started to escalate very rapidly in 1980 following the Iranian revolution.

Section 2 includes a new definition of cannabis. It is important that it should be redefined because the cannabis cultivated in Ireland does not have the flowering referred to in the Principal Act. Cannabis is still the most widely abused drug. Throughout the world 560,000 tons were seized in 1982. Here there were 107 seizures in 1977 and 430 in 1981. While heroin creates the most serious problem, we must not lose sight of the fact that the amount of cannabis being used is increasing as well. A debate has been going on for years on whether or not the use of cannabis is harmful. At this stage there is sufficient evidence to show that its use is not harmless in its own right and that it leads to the abuse of harder drugs.

The problem of heroin use has reached almost crisis proportions in this city. Since 1980 there has been an almost vertical rise in the graph. It is estimated that there are 1,500 addicts in this city. A recent study carried out by the Medico-Social Research Board showed that in one area of the city 10 per cent of young people between the ages of 16 and 24 years were using heroin. That is a frightening figure. Many of these young people have a poor educational record. Some of them use other drugs and the older ones are unemployed. These are all factors which we have to take into account.

In 1977 there was one seizure of heroin here and in 1981 there were 117. That is an indication of good detection work by the Garda and also of the increased use of that substance in the city. Particularly worrying about the use of heroin is the amount of associated crimes. Perhaps that is why in the public mind heroin addiction seems to supersede all other forms of substance abuse and addiction. Heroin addicts spend up to £100 per day to get their supply on the black market. Many of them are involved in crime to get money to keep themselves supplied with the substance to which they are addicted. The side effects of heroin also cause people to become involved in very serious crime.

The Jervis Street national drugs advisory and treatment centre see 80 new patients per month. There is a time lag of approximately four years between when a person starts to take heroin and his or her appearance at the Jervis Street clinic. This is a particularly difficult problem and shows no sign of abating.

The Minister told us in the past that glue sniffing will be dealt with in the Children Bill. We might ask how effective legislation to deal with glue sniffing will be because it is indulged in mainly by very young people. It is a particularly serious problem because a number of sudden deaths have occurred in the case of teenagers as a result of sniffing glue. They can die while sniffing it. It is particularly serious from that point of view. A question arises as to how this problem should be dealt with, and whether legislating for these young people is the correct way to deal with it, or whether some other way might be found. In this area the ideal answer is education on the danger of the misuse of any substance.

In this Bill the Minister intends to change the procedure for investigating allegations of irresponsible prescribing against members of the medical, dental and veterinary professions. Under the present legislation the Minister refers the case to the registration authority who set up a committee of inquiry to investigate the allegations. The Minister now intends to by-pass the registration authority and set up his own committee of inquiry without reference to the registration authority, except to notify them of his decision following the investigation. In other words, under the present legislation, if a doctor were accused of over-prescribing, the Minister would refer the case to the Medical Registration Council who, in turn, would set up a committee of inquiry who would report back to the Minister. The Minister would then write to the doctor pointing out the result of the committee's inquiry and the doctor would be at liberty to appeal to the Minister against the decision if he was not satisfied with it. The Minister would then write again to the Medical Registration Council who would set up an advisory committee, who would again write back to the Minister. The Minister could then give a direction or refer the case back to the original committee of inquiry.

I accept that that is cumbersome and time-consuming. If somebody is over-prescribing drugs it is important that the case should be investigated quickly and a decision made. I accept the need to expedite investigations into irresponsible prescribing. Having said that, I have certain reservations about the section. The registration authority should be involved in the investigation in some way. Under the proposed legislation the Minister will set up a committee of inquiry and make his decision on the basis of their report, and notify his decision to the registration authority.

One of the problems is that in the Bill there is no indication of who will make up the committee of inquiry and what the structure of the committee will be. It is important to recognise that the right to prescribe controlled drugs is part of the profession in which practitioners earn their livelihood, doctors, veterinary surgeons and dentists. The composition of the committee of inquiry should be written into the legislation so that we can ensure that justice will be done.

We on this side of the House hold no brief for practitioners who over-prescribe controlled drugs. We are as anxious as the Minister to have this practice brought to a halt. It is important to recognise that only a small percentage of practitioners, mainly doctors, have been involved to any serious extent in the over-prescription of these drugs. We have to find a balance between the right of an individual to practise his profession and the responsibility of the Minister to protect the public from over-prescription. I ask the Minister to meet representatives of the medical, dental and veterinary professions to discuss the section with them in order to find a more acceptable way of dealing with the problem rather than having the Minister bypass the registration authority completely. There are time limits with regard to setting up the inquiry and when the Minister gets a reply from the respondent, but there is no time limit on when the Minister will take a decision. There should be a time limit on the Minister when he receives the report of the committee.

Section 6 deals with penalties, mainly penalties for increasing the fines for various offences under certain sections of the original Act. Subsection (3) states that a person found guilty of an offence under section 15 shall be liable on conviction on indictment to a fine of such amount as the court considers appropriate or, at the discretion of the court, to imprisonment for life, whereas the 1977 Act sets out a fine of £3,000 or a sentence not exceeding 14 years. It appears to me that instead of making the penalty more severe for those guilty of unlawful supply we are providing for a lesser penalty in this section. At the moment the average life sentence is between eight and ten years and existing legislation provides for a maximum of 14 years. Nowadays a life sentence is always less than 14 years and, therefore, I ask the Minister to provide for a maximum of 14 years in this section.

The pusher, the person who sells drugs for his own gain, is guilty of the most serious offence. We have to distinguish between the pusher who is an addict — often he sells drugs to get money for his own supply — and the person pushing drugs for commercial gain and who is not involved in taking drugs himself. We can have absolutely no sympathy for the latter. We must have regard to the condition of the health of any person who suffers from drug addiction and to their need for treatment but for the person who, for commercial gain, sells these drugs with such devastating consequences for the community we can have no sympathy. If we provide for life imprisonment instead of the 14 years as set out in the Act, we will favour that type of criminal. We will look at the section on Committee Stage.

Section 19 of the original Act refers to:

... a person who is the occupier or is in control or is concerned in the management of any land, vehicle or vessel and who knowingly permits or suffers any of the following to take place on the land, vehicle or vessel....

The Act mentions various activities such as the cultivation and preparation of opium and cannabis. Subsection (2) states that in respect of any person who is in management of such vehicle or vessel it will be presumed by the court that they had knowledge of such activity unless they prove otherwise. I suggest that the words "licensed premises" be added there because it appears there are licensed premises where young people particularly get drugs. In the context of prevention of misuse of drugs every outlet must be looked at and the necessary legislation introduced.

In 1982 the number of persons charged for possession of cannabis was almost 1,000, for heroin it was 208 and for synthetic narcotics such as dicanol, which appears to be a particular problem in Ireland, it was 76. For forged prescriptions the number of offences was 19 and the number of persons charged for the importation of drugs was 18. In respect of the cultivation of cannabis plants 52 people were charged.

Section 11 of the Bill provides for the courts to dispense with their obligation under the present law to obtain a report from a medical doctor or an appropriate authority in respect of a person in possession of drugs. I accept what the Minister said that where a person is not medically ill or is not involved in addiction it should not be necessary to await a medical report, but where such a report is required perhaps the Minister might look at the current situation. I understand that the person who carries out this examination does not always have expert knowledge of the patient or of the misuse of drugs.

A matter that has not been dealt with by this Government — it is not necessarily the responsibility of the Minister for Health — is the whole matter of the involvement of officers of the customs and excise in prohibiting the importation of drugs. There are about 700 members of the customs and excise who are placed in strategic positions at airports, seaports and along the land frontier. Most of the drugs that are misused come in either through the airports or seaports or along the land frontier. Very few of the drugs abused are produced at home, apart from cannabis which is grown here now. Others, particularly heroin, must come from abroad.

It is difficult to understand why something has not been done to ensure that customs officers have the authority and training to help combat this very serious situation. It is very surprising that there is no ministerial representative from the Department of Finance on the special task force having regard to the seriousness of the problem and the fact that customs officers are in a position to seize drugs at the point of entry. Ideally, if we could seize drugs at the point of import, it would considerably lessen the problem and perhaps abolish the more serious aspects. If we could even seize a percentage of what is coming in it would lessen the work of the Garda Drug Squad and would mean that less damage would be done to individuals and communities. There is no reason why a special drugs squad could not be established amongst customs officers. At least they should get proper and adequate training to deal with this problem, such as detection equipment, sniffer dogs and anything else necessary to ensure that they play a meaningful role in helping to combat the misuse of drugs.

The whole question of misuse of drugs highlights the old saying that prevention is better than cure. Prevention is also better than punishment and any anti-drugs strategy must control supply and demand. Sections 8, 9 and 10 up-date the production and processing of drugs. These sections relate to bringing in new drugs under the Bill and increased powers to the Garda in terms of search warrants and arrest, which are very welcome.

The control of supply depends on the production and processing of the traffic in drugs and I should like to see customs officers taking a more active interest. There should be a unit amongst customs officers which could help to ensure that as much of this illegal trafficking as possible would be stopped at the point of entry.

Supplies also come from illegal prescriptions and I know the Minister intends to tighten up the law in that regard in section 3. The penalties for forging illegal prescriptions are increased and it must be looked at carefully to ensure that there is proper supervision of prescription pads so that the number of forgeries will be reduced to a minimum. It is surprising to hear of some of the forgeries which got through the dispensing agent. Chemists' premises, dispensaries and hospital pharmacies must have maximum security to prevent people breaking and entering.

Prevention is the ideal answer to the misuse of drugs. If people get involved, treatment and rehabilitation should be readily available to get them back into the community as quickly as possible. Prevention depends on education and the main treatment facilities are available at the National Drug Advisory Treatment Centre which is doing excellent work. Hospital facilities at Jervis Street are to be moved to Beaumont and, while it is not intended that the drug advisory unit will go there, nevertheless they do not have any indication at this stage as to where they will be located. It has been recommended that they should be in a centre city location and that would be ideal because the centre city is convenient and people can be moved there quickly. A unit of that nature should be attractive and the present centre city premises is too small for the work which is being done. It is important that there is a quick decision as to where the centre will be located and that work will commence immediately on creating a proper purpose built unit, which is necessary for this work.

The laboratory which is available is grossly over-loaded, which is causing a serious problem because, if you do not have full laboratory facilities, it is very difficult to monitor patients' progress with regard to measuring the level of the drug in the system either through blood or urine samples. They need intensive treatment and I ask the Minister to look at the whole question of the centre city premises and say when a decision will be made on it. It is envisaged that there will be bed accommodation in Beaumont and Saint James's Hospital to cater for the north and south city but it is the day care centre which is important. These people, who are a danger to themselves and others, have nowhere to go unless they are compulsorily detained in prison. There are no alternative rehabilitation units, apart from Coolmine, Rutland and Usher's Island day centre.

With regard to rehabilitation, there are voluntary agencies such as Coolmine, Usher's Island day centre and the Anna Liffey centre, which are worthy of support. It is encouraging to see that some public companies are giving financial support to these bodies which are doing such excellent work. I would ask the Minister to ensure that they have the necessary finance from his Department to enable them to carry out their work. In Coolmine in 1981 the number of drug abusers contacted was 246 and there were 68 in residence, 85 per cent of whom were from the Dublin area and were abusing morphine or morphine derivatives. The average age was 21 years.

The main area of prevention lies in the field of education and it is quite alarming to read some of the studies which have been carried out, for example, the study carried out by the Medico-Social Research Council and the department of community medicine in Trinity College, and reported in 1982. They carried out a survey of 5,178 post-primary students and discovered that 20 per cent of them had been offered drugs. Of those under 16 years of age, 25 per cent had friends who used drugs; of those over 16 years of age, 44 per cent had friends who used drugs. Forty per cent of the students under 16 and 15 per cent of those over 16 were unable to name a soft drug and 30 per cent of the total were unable to name a hard drug. This is an indication of the lack of knowledge of the people attending three post-primary schools in the one area. It is important that there should be a proper level of advice and encouragement available to parents, teachers and the public in general. People should be informed of the over-use of substances such as alcohol, cigarettes, the drugs covered by this Bill and medicines generally. It is important that the Government should have a comprehensive policy in relation to preventing abuse of these substances, not just a policy in regard to penalties and giving the Garda more powers. Healthy alternatives should be promoted and people should be encouraged to consider their responsibility for their own health and to adopt a healthy lifestyle. Leisure activities should be available and I would ask the Government to look at the provision of proper recreation and leisure facilities, not only for people who are liable to over-use these substances but for the many who have leisure time, particularly the unemployed.

Health education should be an integrated part of the schools' curriculum, including the whole problem of drugs and drug abuse. The plan for education published by the Department stated that they would encourage health education but the time has come when the Government should look seriously at the whole question of health education, not only in relation to drugs but in relation to the promotion of good health, sex education and the various areas of life which are important.

The Health Education Bureau believe that the most important and hopeful intervention measure in controlling drug abuse is client orientated community health education and school education. I would compliment the HEB on their work in the field of community health education and their efforts to co-ordinate the approach by doctors, chemists, counsellors, juvenile liaison officers, social workers and others. It is of relevance to recognise that in 1982 when Deputy Woods was Minister for Health he allocated an extra £250,000 to the Health Education Bureau, which has not been repeated, for the specific purpose of education in the area of drug abuse.

There are many recommendations in the report of the Ministerial task force on which we would like to see more progress. The Criminal Justice Bill is going through the House at present and we have also dealt with the customs and immigration controls. While additional ban-ghardaí have been assigned to the drugs units in Dublin, Cork and Limerick it is important to ensure that the drugs squad is kept up to the necessary strength to cope with this very serious problem.

In reply to a question by me today regarding progress on the report of the task force the Minister stated:

The recommendation relating to the appointment of one judge of the Circuit Court and one district justice who would have special responsibility for all cases involving drug offences in the Dublin area is being pursued with the appropriate authorities — so also is the recommendation relating to the appointment of one solicitor in the Chief State Solicitor's Office who would specialise in drug offence case work.... The Minister for Education has asked the new Curriculum and Examinations Board to examine the introduction of health education in schools — at both primary and post-primary levels. It is also planned to develop the programmes of training in drugs education....

We should be getting more action rather than matters being pursued or examined. The situation is serious and we should have the necessary facilities to deal with it. It is not all the responsibility of the Minister for Health but it is important that the Government be seen to be taking the necessary action.

We are not opposing this Bill but we will have some amendments on Committee Stage. Because I feel there should be an all-party approach, I should prefer the Minister to consider some of the points I have raised and perhaps it would be possible to get agreement on them.

Mr. De Rossa

The introduction of this Bill is welcome in the whole context of endeavouring to tackle the problem of drug abuse and particularly with regard to the question of pushers. The Minister acknowledged in the course of his remarks that this Bill does not constitute a solution to the problem nor did he offer it in that vein. I welcome also the tightening of the various definitions of drugs, of places that may be searched and so on, as I do those sections which strengthen the Minister's powers in dealing with rogue doctors. I was glad to hear the Minister say that his mind was open to improvements of the Bill and that he hoped, in the course of this and Committee Stage, some worth-while proposals for its improvement would emerge.

I have a number of reservations in regard to one or two sections, for instance, the one which replaces the mandatory remand of persons who have been found guilty of an offence by a discretionary power to remand. Possibly this is an over-reaction to a recent case. Perhaps it would be better that the mandatory remand was retained but that, where the Garda or justice concerned considered it necessary, there be power to remand in custody cases such as that which more than likely occasioned the amendment concerned in which a notorious drug pusher absconded while on remand and awaiting sentence.

I would be concerned also about section 6 which seeks to enable the imposition of a prison sentence on a drug addict on a third offence. While there is considerable difference of opinion as to whether cannabis is a harmful drug it is generally accepted that an addict who is sent to prison, particularly somebody who has been using cannabis, more than likely will come in contact with hard drug users while in prison and, in some instances, may even come in contact with the drug itself. For that reason I should like the Minister to reconsider the provisions of that section.

The other part of section 6 — which seeks to replace the maximum sentence of 14 years by that of life imprisonment — would appear fairly repressive to the general public, a similar move being afoot in relation to the Criminal Justice Bill. In reality I do not think it will affect the level of sentencing all that much. I know the Minister for Justice, in dealing with the Criminal Justice Bill, explained that the purpose of providing for life imprisonment was to enable the courts to impose a sentence of up to 25 years but we are not aware, nor have we been told, what is the level of sentencing at present in relation to drug pushers. Perhaps the Minister would deal with that aspect when replying. I am in favour of drug pushers being dealt with fairly harshly. But I am concerned also that this House, in the introduction of legislation, is not involved merely in a cosmetic exercise, that not alone should we be seen to be taking action but that that be effective.

Reverting to the whole question of drug abuse and the fact that this Bill does not constitute a solution to the very serious drug crisis — nor did the Minister proclaim it to be — particularly in large urban areas, I should be most anxious that the Minister would give us a detailed report on how far the recommendations of the Special Governmental Task Force on Drug Abuse have progressed and what concrete action, if any, has been taken as a result. For example, there were a number of recommendations concerning the provision of research facilities, of aid for areas particularly disadvantaged and at high risk of the dangers of drug abuse. There were also recommendations with regard to the strengthening of the custom and excise powers for the detection of drugs and the appointment of a district justice to deal with cases more speedily. I shall be glad to hear from the Minister how far any of those proposals have progressed either in his Department — where they relate to his area of responsibility — or others, where, for instance, they may relate to that of the Department of Justice.

I welcome the Bill, in so far as it goes, with a number of minor reservations about some sections. As the Minister will be aware from previous interventions of mine in this area, I am concerned about the recommendations in the task force report with regard to various agencies, such as the Youth Employment Agency, the Health Education Bureau, AnCO, Cospóir and so on, combining their resources in areas of high risk. Perhaps the Minister would indicate if any progress has been made in that regard or in the provision of at least one school teacher in various second level schools with the expertise to talk to students about the dangers of the misuse of drugs. Overall the Minister is doing a reasonably good job in this area but the public at large need to know more specifically what is being done.

Minister of State at the Department of Justice (Mrs. Fennell)

I very much welcome the introduction of this Bill which was recommended by the Special Governmental Task Force on Drug Abuse.

It is hoped that this debate will add to the public debate on the whole subject of drug abuse. It is the sort of social problem that could easily carry the ebb and flow of the trend of the early seventies when there was a crisis, not a great one and nothing in comparison with that we have experienced, certainly in Dublin in the eighties. There was a response to that earlier crisis at that time when controls were introduced and the problem diminished. Then, by and large, we forgot about the dangers and risks of drug abuse. I should like to think we would have learned a lesson from what happened in Ireland since 1980, particularly in Dublin and Limerick and to be constantly watchful in the future. On the question of prevention a lot can be done through education and information and having good bridges between young people and the community, young people and their parents and young people and their educational institutions. The Bill is to be welcomed in that it will focus attention once more on this very difficult social problem which is still of epidemic proportions in this city. It is leaving a trail of destruction and very often death in its wake.

I was a member of the task force established by the Minister for Health that had its first meeting on 23 April 1983. In all we had 12 meetings before we reported to the Government. That was a very hard working ministerial group. A total of 60 submissions, written and oral, were made to the group from gardaí involved in the drug squad, customs and excise officials, probation and welfare officers, youth and parents groups, and teachers. It was an extraordinary experience to see and hear the problem of drug abuse here. It was chilling to hear some of the evidence put before us. Like others who are not directly involved in the problem of drug abuse at any level one tends to think it is fictional or exaggerated for various reasons but there was no exaggeration or fiction about the submissions made to the task force. We were made aware of the difficulties that customs and and excise officials experience. Those officials will be the first to admit that as an island country we have many ports where drugs could be landed, and because of the relaxed approach at our air and sea ports it is very difficult to ensure that hauls of drugs are not brought in here. An example of the size of hauls that can be brought in was gained at Dún Laoghaire last year. At a time when the task force were receiving submissions a young woman coming through Dún Laoghaire was able to conceal heroin with a street value of £276,000 in a pocket in her jeans. When challenged and asked if she had heroin she admitted she had and surrendered it. That is an illustration of the difficulties customs and excise officers have. Apparently, it is very easy to conceal a large quantity of heroin. When one considers the number of juggernauts and heavy trucks that come here from other countries one can imagine the difficulty involved in minutely examining such vehicles. Customs and excise officials have a great problem. They get great help from other EEC countries. The task force met members of the Pompidou group which operates under the aegis of the Council of Europe and learned that they have a close liaison with our customs and excise officials. That group is the European watchdog on drug trafficking and passes on information on criminals involved in the movement and sale of drugs. It appears that that group is a very effective organisation and is helpful to us and the authorities in the UK, France and Holland.

Members of the drugs squad outlined their difficulties to the task force and we made submissions accordingly. One point that came through from the community welfare and social worker groups is worth mentioning — the idea that drug addiction is a problem of one social grouping seems to have been accepted. I am sure that is because the most up-to-date report available is that which relates to the North City by the Medico-Social Research Board. That report focused attention on drug issues in Ireland in 1982 and 1983. However, we heard clear evidence that there is a problem of drug abuse in all Dublin suburban areas. It is better masked and does not create as great a problem because of the cushion of contacts and of money and the greater understanding or awareness of the parents. The social facilities exist to make it easier for children in middle class areas to be sent for treatment or to avoid the more critical rigours of the law. However, it is as likely in suburban middle class Dublin that the sons and daughters of judges or bank managers would be drug addicts as it is in any of the more publicised areas.

One of the overwhelming feelings I got during and after the meetings of the task force was that there is a need for greater liaison and contact socially between young people, whether they are living in a deprived social area or in the more privileged areas, to have a greater link with the garda, their schools and their parents. It is important that they know what each of them is doing. That came through clearly to me at a meeting for parents in my constituency after the task force had reported. We asked them to come in the belief that they needed to be informed of the facts, to be able to identify difficulties in a family where a child was on drugs.

As the meeting was about to commence five or six young people sought admission. We had a difficulty because the young people were hostile to the idea that they were not being included in the meeting. This was put to a meeting of about 130 parents who at first were reluctant because they felt inhibited at the prospect of their sons and daughters or the friends of their sons and daughters being present, but eventually the young people were admitted and they joined the meeting. The generation gap was evident. The parents were trying to understand why the young people needed drugs and were taking them. They were keen to help young people and to set up structures to prevent drug taking. Young people resented the fact that they were considered a problem. At the end the young people entered into dialogue with the parents. The whole episode indicated a difficulty that could not be dealt with in isolation and that the parent groups and young people's group must work together.

Section 3 of the Bill provides for the streamlining of the procedures for investigating allegations of irresponsible prescribing by medical, dental and veterinary practitioners. This is to be welcomed. One of the frustrations that emerged from people who spoke with us in committee was that some doctors — a minority, I stress — were prescribing in a very irresponsible way despite cautions and every effort to make them desist. It is important that procedures to deal with this be made less cumbersome. A doctor who continues to prescribe controlled drugs knowing full well the effects they are having is as vicious as any drug trafficker. The eventual effect on the victim is the same. This section is putting into effect provisions for a means less cumbersome than pertains at the moment for the Minister to act in these circumstances.

My responsibility on the task force was with regard to the Department of Justice. As already noted, one of the recommendations of the task force was that the Garda Drug Squad should have more personnel. The point was made that ban ghardaí were very useful in this work of detection and the request was made that extra ban ghardaí be allocated to the drug unit. This has been done. Another point was the difficulty of a parent, when he finds or suspects that his child or a neighbour's children are taking drugs, in making direct and confidential contact with the Garda. It was suggested that a telephone number under drugs should be inserted in the telephone directory. I thought this a very reasonable request and the Commissioner has agreed to it. It is too late now for the number to be inserted in this year's directory, but in future it will make it easier for people to get direct help.

Another recommendation relevant to this Bill was that a special district justice and Circuit Court judge should be allocated for work on charges of drug abuse, and this is being pursued at present. It will be a matter for the President of each court. These recommendations applied specifically to the Department of Justice.

As is evident time and time again, the Garda have enormous commitment and dedication to the work they are doing, not only in detection of drug abuse but in apprehending those trafficking in drugs, pursuing the amounts of drugs coming into the country and seizing them. The seizure rate has increased. The Garda are also very committed to community work. I am very impressed with the work of the Garda. What is sometimes overlooked is the fact that now a far greater number of gardaí are trained to deal with drug abuse, and not just in the small drug units in various centres. In all 1,400 members have completed special training courses. In the past three years an intensive training programme has been in operation for each Garda division and a substantial number of members are in advanced training.

Report on Crime 1983 gives a breakdown on the misuse of drugs and the number charged in that regard. It states:

During 1983 a total of 1,822 persons were charged with offences under the Misuse of Drugs Act 1977, this compares with a total of 1,593 persons charged in 1982 — an increase of 14.4 per cent.

The total number of seizures of controlled drugs in 1983 was 2,278. In 1982 the figure was 1,873. This shows an increase of 21.6 per cent over 1982.

While there was an increase of 9.1 per cent in the amount of heroin seized, the most significant increase for the year was in the amount of cannabis resin seized, which amounted to 285.86 kilogrammes, compared with 172.67 kilogrammes in 1982, representing an increase of 181.4 per cent. The largest single seizure of cannabis resin was 300 kilogrammes at Dublin Airport and there was also a very significant seizure of 146 kilogrammes made in Waterford....

Many notable seizures of drugs were made throughout the year by officers of the Customs Service at various points of entry to the State and their co-operation is very beneficial as almost all drugs abused here are brought into the country.

Very close liaison and co-operation exists between the Garda and the customs and excise officers. The indications of the increase in the numbers of seizures last year is very welcome.

I would like to make a few points on recent suggestions that "civilised" countries should perhaps consider legalising the use of cannabis or at least taking some of the punitive element out of it. An article was published in the Garda News of March 1984 entitled “Cannabis, a Cultural Poison”, by Detective Inspector McGroarty, who is very informed on the whole area of drug abuse in Ireland.

Cannabis is now recognised globally as the principal debut drug of today's youth and that is the principal reason why the United Nations through its International Narcotics Control Board in their report for 1983, quoted in the article, is so concerned about its proliferation. The report states:

There are disquieting signs that in the face of the magnitude of the problem, determination may sometimes be giving way to permissiveness. Circles in certain countries apparently assume that to permit unrestricted use of drugs, regarded by them as less harmful, would permit better control of other drugs which they deem more perilous to health. To adopt such an attitude would be retrogressive. Parties to the Conventions are not free to select which of the drugs under international control they will restrict exclusively to medical and scientific research. Parties are obligated to take effective measures for the control of all such drugs in co-operation with other States.

There is a very strong note of caution in that. In fairness to our young people, many of whom seem to be under the impression that the taking of cannabis on a regular basis is not harmful, we should caution them that we do not know enough in terms of medical research about the use of cannabis to permit us to make an assessment of how damaging or dangerous it might be. There is reference also in the Garda News to what Dr. Mitchell S. Rosenthal, President of the Phoenix House Foundation, “the largest presidential programme for drug abuse in the United States”, had to say. He said:

We have treated 15,000 young drug abusers in the past 12 years. We know how regular use of marijuana (cannabis) affects attention span, concentration and memory. We have seen the decline in intellectual performance of heavy users, and even regular users. To grow, to develop, to achieve adulthood, adolescents must cope with the emotional storms and squalls of the troubled teenage period. If they turn to marijuana (cannabis) or to alcohol or other drugs to relieve the anxieties of the moment, then they establish a pattern of escaping rather than dealing with reality. Marijuana use is self reinforcing. They are not aware of regression nor are they conscious of their sustained immaturity.

We are not likely to have any serious move here for the legalising of cannabis but the use of this drug is widely accepted by young people. All the indications are that it is a debut drug so it is important that parents and those who are leaders of opinion realise that there must be no encouragement whatever for young people to use heroin.

Another recommendation of the task force, and one to which Deputy O'Hanlon referred, relates to education. Video films are being developed by the Department of Education in conjunction with the Health Education Bureau for use within the context of life skills. The duration of these videos is from 12 to 15 minutes and they deal with specific themes such as drug abuse, pressure in relation to drinking, initial failure in a work situation, parental control and loneliness. These films are very compelling and would make a very good base for moving towards the prevention of drug abuse.

I welcome the Bill. We cannot take too seriously the problem of drug abuse. Unfortunately, the indications are that the problem is here to stay. We have a definite responsibility to stem this trend by way of education, by way of legislation, by way of community development and in every other way possible. We must set in motion the steps for combating the problem.

Mr. L.T. Cosgrave

I welcome the Bill, too. It is partly in response to the Government's task force on drug abuse. That task force was set up in 1982 and reported towards the end of last year. The Bill represents also the response of the Government and of the Minister for Health in particular to the whole question of bringing about a reduction in the incidence of drug abuse. The Bill in itself will not eliminate the problem but, taken with the other efforts being made by the Government, it should have the effect of bringing about a reduction in the incidence of abuse in the not-too-distant future. Drug abuse is one of the most serious problems with which our society has ever had to deal.

We are all aware of the increase in the incidence of drug abuse. Many more people, too, are being affected indirectly by this problem and it was in the light of this escalation that the Government acted in setting up the task force under the chairmanship of the then Minister of State at the Department of Health, Deputy Fergus O'Brien. The task force have done very good work in collating facts. Up to then various statistics were bandied about and there was an ignorance in relation to the problem. Indeed, not only among Members here but among the general public, there remains an ignorance of the serious nature of the problem. Drug abuse is a problem for all of us. It affects not only those who are using the drugs but also many others because of the various side effects.

The whole area of drug abuse is a high finance one. Huge sums of money change hands. Drugs are sent here from other countries, so there is very big business involved. It is a business which offers apparent unlimited wealth to those who are prepared to deal in it. Since in the majority of cases those addicted do not have at their disposal the means with which to service the addiction, they engage in many of the house robberies and other crimes that are all too prevalent. Addicts are not concerned as to how they come by the money so long as they are in a position to buy the drugs and it is this situation which affects so many other people. As one increases his intake of drugs the greater his dependency becomes and, consequently, the more money he will require to service the habit. This has resulted in a big increase in the number of robberies committed. The drug problem will become a scourge if we do not tackle it quickly. I hope that the Bill will be part of a procedure which will reduce the availability of drugs and which will act as a warning to those involved in the drug trade. It will not be the complete answer to the problem but it will help bring about some improvement.

The Government task force made certain recommendations. It is clear that we must do what we can to help people who will respond to treatment. It is necessary to have full treatment facilities available. The ones that we have in the city centre are very good but whether they will be able to cater for the ever-increasing problem is another question. Certain other areas should be earmarked for such facilities. At present the main treatment areas are Jervis Street Hospital and Coolmine. Dublin is a very big area and there are other afflicted pockets in it including the Minister's and my constituency. There are areas there where the problem is rife despite the great efforts of the Garda Drug Squad and local gardaí. If something is not done areas which are not yet affected will be affected in the not too distant future.

The Government task force looked at the question of education and of explaining the dangers of becoming involved in drug abuse. Some good drug awareness groups have been set up. Experts from Jervis Street Hospital and the Coolmine centre talk to parents and residents associations about the problem. There is a lot of ignorance about the problem but if parents know what to look for the problem can be tackled.

There must be greater co-ordination between the Department of Health, the health boards, the Health Education Bureau, the Department of Education and other Government Departments which may be involved. Perhaps the Minister might indicate how the educational programme is developing. He might let us know how the National Co-ordination Committee on Drug Abuse is proceeding. It was set up towards the end of last year and is to report to the Minister anually. The Minister might say if there is a representative group on the committee. Has the Minister received their first report? What recommendations have been made by the committee to date?

Together with the question of education and youth development there is the question of research into the problem. Drug abuse is more common among young people who initially try them for kicks and then find they are dependent on them. They slide down the slippery slope, a slide which is often irreversible and results in death. Youth groups should be made aware of the dangers in relation to drug abuse. Youth leaders and juvenile liaison officers should be briefed about the problem and know what to look out for.

As regards section 3 and the committee of inquiry which the Minister is setting up in relation to irresponsible prescribing of drugs, who will be the members of the committee? Will the committee be set up following the passage of the Bill or will it be set up at a later date? Members will be anxious to know if the committee will be representative and have power to act. Will it have linkage with, for example, the Medical Council, the Dental Boards or the Medical Union? I understand a report will be given to these various bodies but what will the procedure be when the committee go into action?

Section 7 deals with the question of the evidential nature of certificates. Along with other Members of the House I recently paid a visit to the forensic department in the Phoenix Park. There is only a small group of people there but they do tremendous work on various matters ranging from drug offences to other serious crimes. The difficulty they found themselves in was that some of their men were attending courts and had to wait for perhaps a couple of weeks to give evidence. The point is they may have spent only two minutes in the witness box, but they had to spend a few weeks at the courts. During this time their work in the laboratory was falling behind. This not very large group of men who do a very good job should be facilitated so that they can give evidence by way of certificate. Admittedly, in some cases they may have to attend court, but where possible evidence by certificate should be allowed so that these people will not have to attend courts for two or three weeks at a time, while their laboratory work is falling behind.

I hope sections 9 and 10 will have the effect of reducing the amount of drugs smuggled into this country. It must be admitted that drugs are smuggled in in some containers every week, but it must be made clear to shippers and other importers that the importation of goods could be made very awkward. Admittedly, it would be impossible to search every container but the onus should be on the importers to ensure that their containers are not used to import drugs.

The Garda Drug Squad are doing a very good job in difficult times and against great odds. Recently the customs officials called for a customs drugs squad to combat drug smuggling, but I am not sure if that is the answer. Customs officials deserve our support and their numbers should be maintained at an adequate level to deal with the problem. Under sections 9 and 10 importers can be watchdogs and help to keep drugs out of their containers. It is only by a combination of effort that we will bring about a reduction in the problem. Obviously we cannot hope to keep all drugs out of the country; a certain amount will be smuggled in. As Deputies said, a small package of drugs can be worth a vast amount of money. This will encourage criminals to smuggle drugs into this country. I hope this Bill will be part of the response to combat this problem.

Another section of this Bill deals with life imprisonment. This has got press headlines, but I wonder if it is a workable section and if it will have the desired effect. My hope is that it will discourage people from getting involved in drug pushing. It is the drug godfathers who make vast sums of money from drug pushing and the section imposing a life sentence is aimed at them. If these godfathers are arrested and convicted, they should serve a life sentence, not just six or eight years. A life sentence might sound harsh but what will it mean? Will it mean eight, ten, 14 or 20 years? If a justice imposes a life sentence but the criminal serves only a few years, this will defeat the purpose of this section. Perhaps the Minister will tell us his thinking behind this section and if he is satisfied that it will have the desired effect.

I would like to touch on the legalisation of cannabis. The situation was summed up by certain medical experts when they said that for various groups, including epileptics, women of childbearing age, people with heart trouble or with a history of bad drug experiences, there should be a tighter control in the interest of the health and welfare of mankind. In the March issue of the Garda News, Dr. Desmond Corrigan is reported as saying:

I cannot accept that a drug containing varying amounts of 421 different chemicals, some of which are fat soluble and persist in the body for up to 8 days after a single dose, some of which interfere with basic cell functioning and some of which affect brain functioning, can be considered harmless to everybody who uses them under all the circumstances of use.

The difficulty with drugs is that from the first use of certain drugs dependency is not created nor do they have harmful effects, but it is the second, third and fourth uses which start the person on the slippery slope which could lead to death.

I hope this Bill will highlight this problem and that the National Co-Ordinating Committee on Drug Abuse, which should be reporting and making representations to the Minister, are making progress in this regard. I hope that the points made in the Government task force's report and the progress of the force are being evaluated by the Government and that where action is needed and further resources necessary these will be forthcoming. It is only by a combination of all efforts that this problem will be reduced initially and eventually resolved. This concerns all of us. Some of us cannot absent ourselves from it and leave it to those medically treating drug abusers or to the Garda Drug Squad to deal with it, because we all have a duty in this regard. The Bill before the House is part of the Government's response to the problem.

Mr. G. Mitchell

I thank Deputy Durkan for giving way. I welcome this Bill and it is one which the public generally will welcome. Any action against this terrible problem of drug abuse in the community is indeed to be lauded. I have come from a meeting of the Dáil Select Committee on Crime, Lawlessness and Vandalism, where we have been considering a different aspect of the problem from that which the Minister addresses in this legislation. Not enough emphasis has been put, in the Bill, on customs control at point of entry.

By and large, these drugs are not home grown, although there was a case in my own constituency of a person growing cannabis in the back garden of his neighbour who did not use his back garden very regularly, being somewhat eccentric. These drugs are mostly imported, and not only are they imported but they are also being exported to a large extent from here to Northern Ireland. Stronger attention must be paid to customs control. This legislation does not try to address that problem — perhaps it is more an area for the Minister for Finance since the customs and revenue officers are answerable to him. As things stand, customs officials have powers of arrest under the Customs Consolidation Act, 1876. However, because the penalties under that Act are very mild, the officials depend generally on the Garda to make arrests under the Misuse of Drugs Act, 1977. That often means that a customs officer who suspects someone of having drugs on his or her person must send for a Garda officer and a garda is not located at every point of entry.

We should consider the customs union's proposal which is, to my knowledge, accepted by the Revenue Commissioners, that there should be an extension of the powers under this legislation to give customs officials the same power as the Garda force in the case of an arrest in connection with drugs. Because this would entail greater powers being given, it would be necessary to include some form of redress for members of the public who might feel unnecessarily embarrassed or abused, for instance because of strip searching. If we are serious about addressing this problem, we should consider the extension of these powers to customs officials and this certainly would greatly improve the situation.

Under the Criminal Justice Bill, we had a discussion on what life means. The Minister for Justice felt that in that case it could mean the period of one's life — that a person found guilty of certain serious crimes could be sentenced for a period up to the length of his life. In other words, a sentence of life being substituted for the present one of 14 years' imprisonment would not result in a lesser sentence. I hope the same definition will apply in this case; otherwise there would be a danger of allowing the term "imprisonment for life" to be interpreted, as it is at the moment in the courts, as perhaps only seven or eight years, whereas 14 years' imprisonment is a stiffer sentence. Up to life, at the discretion of the judge, should be the sentence.

Since we last discussed drug abuse, the sniffer dog that we were promised has not materialised. I understand that one is on order and one will be trained, but if we are serious about wiping out this problem of drug abuse, we must investigate this area. Another possibility is what are called x-ray aero-space centres which cost £10 million apiece. I understand from the Revenue Commissioners that at least four of these would be required if we are effectively to examine container traffic coming into the country. We cannot afford that sort of investment; it is a lot of money. However, surely we can find the small amount to recruit more than one sniffer dog?

I hope the section in the Bill dealing with irresponsible prescribing will be rigidly applied. There is reason to suspect that one or two members of the medical profession — certainly a very small minority — have not upheld their oath and medical standards. In this connection, the Minister might examine the area of the medical card under our health system to see if there is not an incentive there for some doctors to prescribe irresponsibly. If so, there should be penalties against this malpractice.

The task force referred to by the Minister have suggested the appointment of a judge in the District and Circuit Courts to deal specifically with drug offences, so that there would be more consistent sentencing in these cases. Otherwise, a person caught in possession of cannabis could get a ten-year sentence and someone found with a larger quantity of heroin could be told merely to leave the country. Such inconsistency baffles the public.

I understand that legislation is not needed in this instance, that the Department of Justice could take up the matter with the President of the Circuit Court. I hope this is being done. If all these areas are tackled simultaneously with this legislation, we can make a very definite impression on this problem which is affecting the community.

This is a timely Bill which I hope will pass before the Recess and will contribute towards dealing with this terrible problem.

Mr. Durkan

I welcome the Bill as a very major step towards combating the increased drug abuse problem. Every concerned person must welcome the Bill on this basis. Concern has been expressed by various parent groups over the last few years about the increased incidence of drug abuse. In the Minister's speech we were told that between January 1983 and January 1984 in one centre alone there was an increase of approximately 45 per cent. If there is one thing the Bill needs to do it is to crack down hard and fast on the perpetrators of the serious problem created among young people. I am talking about the large scale drug traffickers and the people who have made millions out of the business over the last five years. I am also talking about the people who continue to make millions out of their ill-gotten gains and I am talking about the people who are peddling on the streets, or by any other means, illicit drugs which are very harmful, habit-forming and are being consumed by a section of the population in ever-increasing proportions. This can only serve as a very stark reminder to all of us how small the problem was a few years ago and how great it is likely to become if it is not stopped.

A survey was carried out in my constituency among secondary school children. This survey showed the great number of young people who knew a person who had experimented with so-called soft drugs. It also showed up the great proportion of those young people who knew somebody who had progressed on to the harder drugs and the great number of young people who knew where they could get soft drugs and the more dangerous ones. Much of it started by what they considered harmless experimentation. They were influenced by some people who indicated that certain drugs were non-habit forming and, therefore, they were harmless, which is untrue. Some people were led to believe that by experimenting with the non-habit forming soft drugs they would not come to any harm. The reverse has actually happened because by experimenting with the non-habit forming drugs for a sufficient length of time they found they had to progress to stronger drugs which were habit forming and were very harmful to their health.

I believe illegal drug trafficking is worth approximately £25 million per annum. This is a considerable sum of money and gives an exceptionally high lifestyle to those involved in it. I hope the Bill will put out of the market place the people who are making a vast profit from drug peddling. If the highly organised drug traffickers are not taken out of the business there is very little chance that the Bill will be a success and that we can reverse the trend established over the last few years. If the Bill is not a success from that point of view we will have to look for stiffer measures to deal with the problem.

When we talk about sentences and law enforcement we should realise that there is a considerable amount of public concern about the number of cases that have gone to court and the alleged offenders have got off lightly. It is very difficult to explain to lay people that for technical reasons, or some other reasons, this can happen. I understand how frustrated people can become when they see this happening. I hope we will now be able to ensure that we have far better means of bringing those people to justice and when they are brought to justice the measures in the Bill will ensure that they pay the penalty for their crimes.

I would like to refer to the apparent nonchalance with which some commentators refer to soft drugs. On a television programme some time ago when a certain person was asked if he had experimented with drugs he quite calmly informed the public that he had. That may be very honest and may seem to be very bland before an audience but it is extremely harmful from the point of view of young impressionable people who take this as the accepted practice, like smoking cigarettes. That is a very dangerous slant to present and we should all be very wary of it. I notice one of my colleagues, Deputy Alice Glenn in the House. She is a member of the same health board that I am a member of. In the past we have heard even members of the medical profession saying that alcohol was bad, was habit forming and there were serious social side effects to it. In the same breath we have heard them deal with drug abuse.

I fully recognise the dangers inherent in the consumption of alcohol but I have to emphasise also that by speaking of that being on the same scale as the drug abuse we have in the country at the moment, is simplifying the matter. We should accept that we have a growing problem and we should also accept that it is no longer confined to our major cities but is spreading out in to the suburbs. I believe that is happening because of a crackdown by the drug squads in the centre city areas and drug peddlers are forced out into some of our newly developed suburbs in order to peddle their wares. There they find a very vulnerable population. In a newly developed area there are young people and teenagers in blocks of houses, as opposed to an older established area. This is the style of their operation. They approach their targets, or their business, from that point of view. They know there is an age-group in a particular area and that there is a market there, and they move in with all haste to make all the profit they can.

This Bill gives us an opportunity to come to grips with a problem which has reached crisis point. I hope we will not receive deputations from various quarters asking us to water down any aspect of the Bill. The time has come for us to face facts and reality, and to accept that, as legislators, we have a duty to all our law-abiding citizens. I welcome the Bill. I hope it will eliminate the drug pushers and peddlers from the market place, and eventually eliminate the drug abuse problem.

Dr. McCarthy

I totally agree with any measures which are necessary to ensure that there is a crackdown on the drug problem which is now so prevalent in our country. We have an appalling problem of drug addiction and drug peddling particularly in the city of Dublin. All steps necessary must be taken to ensure that there is no incentive for drug pushers to continue in that business and that they are adequately and severely punished for the crimes they commit. Drug pushers are common murderers. Many deaths result from their actions. They are as guilty as murderers are and should be treated as such, and the punishment should fit the crime.

We have an appalling problem in our capital city. Last year the prevalence of heroin addiction in a north central Dublin area was 12 per cent in people between the ages of 15 and 19 years. Rather horrifyingly the figure for females was worse than the equivalent figure some five years ago in a New York negro ghetto. These are frightening statistics, and they should make us all aware of our responsibility to ensure that every attempt is made to get rid of the evil godfathers who are the cause of these crimes. It has been estimated that hard drug dependency in Dublin adolescents is around 10 per cent. Others have challenged this figure, but no one has challenged the basic point which is that Dublin is a fairly severely drug scarred city. It is our duty to ensure that that scar is removed.

Some months ago we were all appalled at a decision taken in our courts. A non-national was convicted of heroin pushing and sentenced to 14 years. Because he was a non-national he was offered deportation and he availed of it. This was unfortunate because it gave a clear message to the international drug racketeers that if convicted here of heroin possession or heroin smuggling, with a bit of luck they could be deported. This is an appalling indictment of our judicial system in that instance.

Previous speakers referred to the use of soft drugs. Attempts are made by some, including, unfortunately, a tiny minority within the medical profession who should know better, to suggest that soft drugs are harmless. These people have very liberal views on many matters and they try to suggest that cannabis and marijuana are not dangerous drugs, that they might not do any harm and might not lead on to more serious consequences, that they might not be addictive or cause dependency. Those suggestions by those liberals do not stand up against all the evidence we have before us.

In the era of pre-modern medical science, cannabis had a sort of glamorous aura. It was considered a panacea for all problems from constipation, to mania, to dandruff, to gonorrhoea. In the days of old folk medicine they even gave it to hens to see if they would lay more eggs. This was a pile of rubbish. It did not cure any of those problems. It did not even work on the hens. Modern medical science accepts that cannabis is a dangerous drug of itself. Let us not run away from that fact. It leads many young people down the slippery slope towards the permanent abuse of hard drugs and ultimately disaster.

It is a fact that many hard drug users start with cannabis. This is where they are initiated into the use of drugs. Cannabis of itself has no medical value as a treatment for any disease. In its obscure pharmaceutical combination of a variety of chemical formulae it has very damaging chemical influences on those who take it. You can have withdrawal symptoms, de-personalisation, sensory distortion, a diminishing of ability, a lessening of ambition and poor motivation. These are all manifest effects of cannabis on individuals.

Rather peculiarly, after a person takes cannabis for the first time, it takes less of the drug each time afterwards to produce the same effect. This is known as the phenomenon of reverse tolerance. Clear and definite scientific medical research has indicated that its use leads to atrophy or shrinkage of the brain. Two well known medical experts, Hefer and Frandsen, cite studies on young cannabis addicts who died, as showing that they had shrinkage or atrophy of the brain equivalent to that which is normal for a 90 year old person. The expert view of the medical scientists who have given us that evidence must be accepted.

It was also suggested that it was an aphrodisiac but that is not so because it affects adversely both the sexual desire and performance. It causes many other severe medical conditions. It increases the chronic obstruction of air passages and a person who is a blue bloater or a puffer will certainly get worse if he takes cannabis. A person with a propensity to heart disease will increase his chances of making that disease worse if he takes cannabis and it also increases the tendency to develop cancer. We should not fall into the trap which is being laid for us by those liberals who suggest cannabis is harmless. It should continue to be regarded as a dangerous illegal drug and people who use it or who attempt to promote its use among the public should suffer accordingly.

Mrs. Glenn

The Deputy has given us a knowlegeable discourse on this subject that cannot leave anyone in doubt about the damaging effects of cannabis. Those who suggest to young vulnerable people that they can indulge in this with impunity are doing them a great disservice. I welcome the Bill and I look forward eagerly to seeing it implemented. The kind of sentences and the punishments the Minister has in mind must be seen as a deterrent to the godfathers.

The Dublin central constituency which I represent has been indentified as an area where the problem has taken a grip to a much greater extent than elsewhere throughout the country. It flourished in areas that had definite economic problems, that suffered deprivation, where there were poor educational opportunities and where there were many broken homes. In many cases all of these factors led to young people grasping at any outlet and then they were caught up in a system where they were becoming pushers of drugs, thus leaving themselves open to all kinds of punishments and any hope of having a meaningful life. I should like to pay tribute to the work that has and is being done by the Drug Squad, the clergy, teachers and concerned parents. Without their tireless efforts in the past two years the problem would be much worse.

Like Deputy Mitchell, I have just come from a meeting with representatives of the Customs and Exise. They met the Committee on Crime, Lawlessless and Vandalism to speak specifically about the drug problem and they made some interesting and worth-while points. They are a workforce of almost 700 men and they do not think they have been utilised to the best advantage. All of us agree that if drugs are apprehended at the point of entry before they get to the streets where the "get rich quick" merchants have a network, regardless of the damage they are doing, it is very difficult for the Garda, the Drug Squad or anyone else to deal with the problem. Once the drug is on the streets it is difficult to catch the culprits.

The representatives of the Customs and Excise complained that because of inadequate personnel and resources they were not able to deal with their normal duties and because of that the Exchequer is losing hundreds of thousands of pounds. They reminded us that in his budget address the Minister for Finance indicated that whatever resources were required to make them an efficient and effective force would be found. I take heart from that. If these people are to be used in the detection of drugs at the point of entry, it will be necessary for us to spend money. For instance, they need facilities to search suspected people. As one representative pointed out, drugs can be swallowed and I was amazed when I heard of a person who had swallowed 15 lbs. of one substance. I found that difficult to believe but I was assured the case is on record. It took seven days while the person was detained for the drugs to be delivered through the natural process. The Customs and Excise staff must be given every facility to help in the detection of drugs.

They also pointed out the difficulty of examining container traffic, one of the most successful ways of bringing in drugs. They need equipment to deal with this matter. At the moment they have one sniffer dog in training. If we are serious about tackling the problem of detecting drugs at the point of entry we will have to do much more.

I appeal to the Minister — I know I am pushing an open door — that he consult with the Minister for Finance to ensure that the necessary resources be made available to the Customs and Excise people. I am told that some kind of order is required from the Minister. Under the 1876 Act the Customs and Excise people were given authority to apprehend, arrest and search, but because of some order implemented in 1977 the penalties they can impose are minimal compared to what could be imposed if the Garda apprehend the culprit. This Bill will exacerbate the situation. We should reconsider the matter in order to bring in the Customs and Excise people and give them the necessary authority to apprehend and hold suspected people. At the moment they carry out searches but they must then call for the Garda Síochána. In that interval the stuff can be swallowed or passed to a second person.

Some weeks ago at their conference prison officers were quite explicit that prisoners have no difficulty in getting drugs. I do not know how this can happen but I suppose they are passed by visitors. This is a very serious situation. A person could go to prison for an offence that was not drug-related and then find himself in the company of others who may persuade him to get into the drug habit. If they get into the habit of taking drugs it is very difficult to stop. I compliment the Minister on introducing the Bill. He has my support and that of every Member of the House and the sooner it is implemented the better.

Mr. McGahon

I congratulate the Minister for introducing this Bill but I do not believe that it goes far enough. I am a man of extreme beliefs in relation to law and order and this comes into that field. I abhor the drug scene and I believe it is out of control. It is very satisfying to see the Minister and the House accepting that we have a dreadful problem. We have lost the battle in the criminal area and the measures which have been taken recently were taken too late and it is reassuring to know that the Minister is fully aware of the burgeoning situation in regard to drugs. There is gang warfare in the city of Dublin because of the rewards involved in drug trafficking. Recently, several murders occurred in the city as a result of gang warfare and it is very disillusioning to know that there are men prepared to kill because of drugs and the rewards which they yield.

Part of the problem is our acceptance of soft drugs, particularly alcohol. There is a social acceptance of alcohol. Some members of the medical profession, albeit a very small number, have been guilty of over-prescribing and causing dependence on soft drugs, especially in regard to prescribing for women. That has sown the seeds for the growing acceptance of drugs and the medical profession should curtail it in their own interests as well as those of the people they serve.

The clergy should also be more involved in the drug question and teachers should go on courses so that they can hold weekly classes to instruct young children in their formative and impressionable years of the absolute horror and misery that addiction to drugs can produce. Dependency on heroin is living death and the most extreme measures should be introduced to counteract it. Unfortunately, one of the drawbacks of a democracy is that it allows liberalism to flourish. I am liberal in certain areas but, in some ways, liberalism is the scourge of this country because it seeks to equate good with evil. As far as drugs are concerned, liberals should not be allowed to be heard because surely nobody in his right senses can condone the taking of drugs, soft or hard? In other countries, drug pushers are dealt with summarily by being shot and there is little or no drug pushing. I am not advocating that penalty here because it would not be accepted but, unfortunately, there will be commissions and inquiries and the problem will worsen and get out of control as in the case of law and order. People who are convicted of heroin pushing should get life imprisonment and they should not be let out in seven or eight years. The key should be thrown away, although I suppose I will not get much support for that suggestion. However, the problem is so serious that it warrants life imprisonment. Otherwise the drug situation will escalate out of control and more and more people will be living off the backs of unfortunate and impressionable young people.

For many years, the clergy were the bulwark in the Pioneer movement in the fight against excessive alcoholism. They recognised the terrible dangers which alcohol represented and they should make it part of their business to involve themselves at school level in the problem of drugs. They should give instruction to children even at a very early age on the evils of drugs. I hope the Minister will update this Bill in the remaining years of the Government.

Mr. Enright

I will be very brief and I hope that the Minister will have sufficient time to conclude Second Stage. This Bill has been debated at length and I do not wish to cover points which have already been made.

I should like to deal with drug tests which are regarded as lawful in this country. I am referring to a death which took place recently in Dublin as a result of testing a drug for combating heart disease. I am sorry that the Bill being introduced does not contain firm proposals which would cover the areas which I mentioned in a Private Notice Question. There are people here, regarded as the down and out section of our community, drop outs and so on, who are being subjected to tests of drugs which have not been fully tested and I consider that to be misusing drugs. This Bill fails to incorporate proper legislation in regard to tests being carried out on people. This matter was raised by way of Private Notice Question by myself, Deputy De Rossa and others. I asked whether legislation would be introduced to control this testing. The tests are carried out in accordance with guidelines agreed between the National Drugs Advisory Board and the medical profession. Be that as it may, there has already been one death.

Acting Chairman (Mr. McGinley)

The Deputy may be referring to a specific case which is sub judice and I would ask him to keep his remarks more general.

Mr. Enright

Certainly. I understand that people have been seriously affected by some of these drug tests. I further understand that on occasions correspondence is sent to people living in hostels kindly run by the Salvation Army and other generous bodies, informing them that money is available if they allow drug tests to be carried out on their bodies. That certainly is a misuse of drugs and a misuse of power by the multinational drug companies. I abhor this practice.

The Minister has a very wide brief and I appreciate the enormity of the problems which confront him. I do not believe anybody could put more effort into the job but he should seriously consider introducing rigid regulations and laws to prevent tests being carried out on these people. I have been informed that these tests do not happen on isolated occasions. I understand that after a period of, say, four months a further test is carried out. It may take some time for the effects of the first test to wear off and such effects may still be present when the further test is carried out. The combination of effects could be seriously detrimental. People who are caught in the poverty trap, some of whom may be borderline alcoholics or drug addicts, may be prepared to go forward for these tests. This should not be allowed to happen unless specific regulations and guidelines are laid down by the Department of Health. I call on the Minister to introduce these regulations and I intend to pursue the matter further. Multinational drug companies are in the business of making money and are not particularly concerned about the effects on private individuals. We must be very careful about what we will allow to happen.

The Customs and Excise section should have a special drugs squad working to detect the importation of drugs. There has been a sizeable number of detections of people involved in drug trafficking and smuggling. The growth in drug trafficking might be halted by the establishment of a customs drug squad. The misuse of drugs is an enormous problem and I welcome the Minister's efforts to tackle it.

Mr. Gregory-Independent

I take it that the Minister is not concluding Second Stage at this point.

Mr. B. Desmond

I should like to, but it looks as if time will run out. We are anxious to get the Bill through during this session.

Mr. Gregory-Independent

I wish to make several points. I welcome any measure which highlights the very serious heroin problem in this city. Whether the contents of this amending legislation will go any way towards dealing with that problem is a different matter, but I accept the need to update the Misuse of Drugs Act, 1977. The first point in the report of the Government Task Force published last September was that a Bill to amend that Act would be brought before the Oireachtas and I welcome the fact that this is now happening. I regret to say that very little else in the task force report has so far been implemented. Very many worthwhile recommendations made by the task force, which would go a great deal of the way towards dealing effectively with the drug problem in Dublin and throughout the country, have not been implemented.

Mr. B. Desmond

They have. Ten separate measures have been implemented.

Mr. Gregory-Independent

If the Minister will wait I will itemise the ones that have not been implemented.

Mr. B. Desmond

Ten of them have been implemented; the Deputy might put it in proper context.

Mr. Gregory-Independent

I differ with the Minister on quite a lot of things. Obviously I differ with him on the significant elements of the task force report as well. Those elements which would do something for the addicts of this city, who are the victims of the pushers and would also deal effectively with the pushers, have not been implemented so far.

Mr. B. Desmond

I beg to differ with the Deputy. They have.

Mr. Gregory-Independent

They have not been implemented. I will detail what I am talking about, specifically in regard to what has been implemented and what has not been.

Debate adjourned.