Dáil Éireann debate -
Thursday, 13 Dec 2001

Vol. 546 No. 5

Ceisteanna–Questions. Priority Questions. - Cannabis Testing.

Alan Shatter

Question:

4 Mr. Shatter asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that cannabis testing is not taking place in the Forensic Science Laboratory to enable the Garda Síochána determine the appropriateness or otherwise of instituting prosecutions; the number of samples furnished to the laboratory for cannabis testing in each of the past three years which still await assessment; and if it is Government policy to decriminalise the use of cannabis. [31460/01]

Mr. O'Donoghue

The testing of substances suspected of being cannabis, submitted to the Forensic Science Laboratory by the Garda for forensic evaluation, is taking place at present in the laboratory, as it has for the past 23 years.

As the Deputy may be aware, the workload of the Forensic Science Laboratory has been on the increase in recent years. The Government's approach to dealing with the inter-linked problems of drugs, crime and social disadvantage, and Garda operations such as Dóchas and Cleanstreet, has resulted in significant drug seizures and continues to prove effective in targeting on-street drug dealing. Over the last three years, from 1998 to 2000, illicit drugs with an estimated street value of £140 million, or 177.8 million, were seized.

I am informed by the director of the Forensic Science Laboratory that, up until 2001, records were not maintained by the laboratory which recorded cannabis cases separate from other drugs cases. In this regard the director informs me that of the 8,053 drug seizure cases submitted to the laboratory in 1999, 6,847 cases have been processed, leaving a total of 1,206 cases awaiting examination. Of the 8,678 drug seizure cases submitted to the laboratory in 2000, 7,109 cases have been processed, leaving a total of 1,569 cases awaiting examination. This year, up to 7 December, 6,193 cases were submitted for cannabis testing. Of these cases, 1,898 have been pro cessed, leaving a total of 4,295 awaiting examination.

Finally, the Government has no plans to change the law in relation to cannabis.

Mr. Shatter

Will the Minister confirm that out of 6,193 cases of cannabis found in the possession of individuals during 2001, 4,295 samples remain to be tested by the Forensic Science Laboratory? With regard to cannabis seizures, to which section 3 of the Drugs Act applies, is it true that over two thirds of the seizures of cannabis submitted to the Forensic Science Laboratory are not being tested? Is the Minister aware that the drugs section in the laboratory, due to the pressure it is under, does not process section 3 cannabis cases unless requested specifically by the Garda to do so or by a judge as a result of a court application? Is he aware that it is now widely known on the streets of Dublin, Cork, Limerick, Galway and other urban centres that if cannabis is found in one's possession by the Garda, there is a very reasonable chance that no proceedings will ever be brought because it will not be tested in the Forensic Science Laboratory? Will the Minister indicate whether he has inquired of the laboratory when the 4,295 samples currently in the laboratory will be analysed and if he is aware that the delay in analysing such samples may result in the possibility of a prosecution being time-barred? The Minister, either by gross incompetence or by stealth, is effectively, in practice as opposed to by legislation, changing the law relating to the street use of cannabis.

Mr. O'Donoghue

I am very proud of the manner in which the Garda has been dealing with the drugs issue. Seizures to the value of £140 million over the three-year period demonstrate that operations such as Dóchas and Cleanstreet are working.

Mr. Shatter

We are not criticising the Garda, but the Government's failure to ensure the technical staff necessary are in the Forensic Science Laboratory.

An Ceann Comhairle

The Minister should be allowed reply without interruption.

Mr. O'Donoghue

With regard to the processing of evidence, I am informed that the management of the laboratory has instituted a procedure whereby, if it is notified that the result is urgently required, the case is in fact expedited. The quality of the forensic evaluation and evidence provided by the Forensic Science Laboratory to the courts has always been held in very high esteem. I intend to take measures to ensure this will continue and that absolutely no prosecutions will be dropped or cases collapsed due to delays—

Mr. Shatter

Will those 4,000 samples be tested this year?

Mr. O'Donoghue

—in the processing of evidence by the laboratory. The work of the laboratory is divided into three distinct areas: chemistry cases; biology cases; and drugs analysis cases. In relation to drugs, a total of 27,280 cases were received over the past three years. A recent report by management consultants recommended a number of procedural changes in the laboratory to improve efficiency and also recommended the recruitment of additional staff to deal with the increased workload. There has been a major increase in the workload because—

Mr. Shatter

The Minister has not recruited enough staff to meet the needs.

Mr. O'Donoghue

There has been a major increase in the workload because there has been major success on the streets by the Garda in tackling the drugs problem. I can confirm that discussions have taken place between my Department and the Department of Finance in respect of this matter so that the increased number of seizures by the Garda can be examined in the laboratory. One must be clear that the reason we require additional staff is because of the success of the force in the fight against drugs on the streets.

An Ceann Comhairle

We will move on to Other Questions, namely Question No. 5. I remind Members of the strict time limits on these questions and on supplementary questions.