Eamon Gilmore
Question:6 Mr. Gilmore asked the Minister for Tourism, Sport and Recreation when he expects to introduce legislation to criminalise drug use in sports; and if he will make a statement on the matter. [2746/00]
Other Questions. - Sports Anti-doping Programme.
The Irish Sports Council, which is statutorily responsible for the implementation of actions to combat doping in sport, inaugurated the national sports anti-doping programme in November 1999. The programme has been designed with reference to the Council of Europe anti-doping convention, 1989, which seeks a three stranded approach to the reduction of doping in sport – testing, research and educational programmes and information campaigns.
While my core objective has been to secure the establishment and implementation by the council of the programme which is predicated on the active participation of autonomous national governing bodies of sport, I also felt that the measures in the programme might be complemented by the application of certain legislative measures. A number of options have been identified, most specifically in the area of possession and supply of certain performance-enhancing drugs, with regard to incorporating certain substances that are used in sport under Ireland's general drugs legislation.
Consultations between my Department and the Department of Health and Children are at an advanced stage regarding the types of drugs used for the enhancement of sporting performances which may be suitable for inclusion in the Schedule to the Misuse of Drugs Act. In addition, the Department of Health and Children is engaged in a wider consultative process with other relevant groups. Following completion of this process the Minister for Health and Children will bring into operation the declaration order and the corresponding regulations under that Act.
Including certain performance-enhancing drugs used in sport under the Misuse of Drugs Act will send a very strong signal that those coaches, trainers, athletes and any other persons found in possession of such specified drugs will, in future, be committing an offence under Irish law and be subject to the full rigours of that law.
I remind Deputies that supplementary questions and their answers are not to exceed a maximum of one minute each.
I note the Minister's reply but will he agree that he has retreated substantially from the position he took some time ago when he spoke about planning new laws to jail drug cheats in sport? He was also reported as making a statement concerning certain international sports mandarins who appeared to be colluding in the use of doping agents in return for money? Has the Minister changed his mind in the interim period?
No, I have not changed my mind and the explanation is simple. There is white collar fraud and there is track suit fraud. People are using performance-enhancing substances, normally used to treat medical conditions, which, unfortunately, can assist sports people in enhancing their performances. In discussions with the Minister for Health and Children I nominated a number of these drugs, such as EPO and certain anabolic steroids. We are dealing with this issue with our UK counterparts and I have asked the Minister to include a number of these substances used to enhance sporting performances under the Misuse of Drugs Act. This would make it illegal to possess these drugs other than on prescription.
There is no law against the possession of these drugs at present. However, if they were included under the Misuse of Drugs Act, it would be an offence to possess or deal in these drugs and those found doing so would be subject to penalty.
There is a more fundamental issue which the Minister is failing to address. High performance athletes who appear regularly in the media are role models for young people. If they are found to be using performance-enhancing drugs it should be demonstrated that that is a crime and they should be dealt with by stringent laws. If that requires a custodial sentence, so be it.
One can penalise someone for the possession or distribution of drugs, but to date there has been no law against the ingestion of drugs for personal use. There is a constitutional legal problem in this area. I agree with the Deputy, an athlete found using such substances comes under the auspices of the national organisation and is dealt with accordingly within the organisation's rules. One cannot criminalise the athlete but one can criminalise someone for possession of and dealing in drugs.