Dáil Éireann díospóireacht -
Thursday, 24 Apr 1997

Vol. 478 No. 3

Adjournment Debate. - Drug Laws.

Mr. Briscoe

My question relates to the need for other EU member states to tighten their laws on the use of drugs and the action taken by the Government in this regard. There is considerable concern that less stringent drug laws in other EU countries, such as the Netherlands, are facilitating the trafficking of addictive and dangerous drugs. I am sorry the Minister for Justice is not present as she has adopted a soft approach to this matter.

The French President, Jacques Chirac, recently indicated that the French Government intended to put pressure on Holland to tighten its tolerant drugs policy in view of its implications for other EU member states. An organisation in Holland, Concerned Citizens, has expressed considerable disquite about their government's tolerant policy. Recently, in the city of Hulst, a local referendum indicated that 96 per cent of the population rejected the tolerant policy which allowed cannabis to be sold in coffee shops. The mayor of Hulst will be hosting an international seminar at the end of this month on the need for Holland to recognise its obligations to other EU states.

As the Dutch currently hold the EU Presidency, I strongly urge the incoming Taoiseach, the Minister for Foreign Affairs or the Minister for Justice to support our French counterparts in bringing pressure to bear on the Dutch. We read daily in our newspapers about Irish drug barons operating from Amsterdam and Rotterdam. Drugs trafficking is an international problem which requires a firm international response.

I wish to quote the following from a document published by Concerned Citizens:

One of the urgent matters to be discussed by the EU during this period [the Dutch Presidency] is drug control. The Dutch Government have continued to maintain their permissive attitude towards drugs for years now, and they have promoted their policy as both `human' and `successful' whenever possible within the EU. At the November 1996 meeting of the EU Council of Minister [Ireland had the Presidency at that time], the Dutch Government were given a `green light' to continue their drug policy. This `success' was greeted in the Dutch Parliament as a `victory' for the Dutch position.

Bowing to international pressure, the Dutch Government have recently `sharpened up' their policy, e.g. by closing down a number of `coffee shops'. In practice, the Dutch Government have allowed new `coffee shops' to be opened. Also, they have given an `allowance' of 500 grams of cannabis... to be stored in the shops.

I do not know how many grammes are used to make a joint, but if a quarter of a gramme is needed for one joint, we are talking about 2,000 joints being lawfully sold in these coffee shops. The document further states:

This is a very important step towards `legalising' the local sale of cannabis. Previously, there was no formal `allowance'. Further examples can be given of how the Dutch Government will say one thing to satisfy international demands for more restrictions on drugs and do something else at home.

As time is limited I cannot detail the other useful points in this circular, but the Concerned Citizens project has the following aims which the people of this country would share: to put drug control policy issues at the top of the EU agenda; to prevent the spread of permissive attitudes within the EU, particularly during the Dutch term of the EU Presidency; to check the facts on the domestic drug problem presented by the Dutch Government and, whenever possible, to present sound, scientific, epidemiological or legal evidence to show the seriousness of the problem; and to co-ordinate the efforts of EU member states to achieve a common restrictive drug policy based on the United Nations international drug conventions.

In a letter dated 29 November 1996 to the head of an organisation in Holland, Mr. Karel Gunning, President of the Landelijk Comite Drug-preventie, a drugs prevention committee, the Minister for Justice stated:

Dear Mr. Gunning,

I write to thank you most sincerely for the information concerning the harmonisation of European drugs policy for the meeting of EU Justice Ministers.

I am very grateful to receive all such information from your organisation and look forward to hearing from you again.

There would be nothing wrong with that letter were it not for the fact that the Minister presided over a meeting of EU Justice Ministers from which the Dutch came away with more liberalisation rather than less. I would like some comment from the Minister or her Department regarding our policy on this issue. Ireland should fully support the French position, along with other EU member states, in bringing pressure to bear on the Dutch Government. Drugs are not dangerous because they are illegal — they are illegal because they are dangerous.

Minister of State at the Department of Social Welfare (Mr. Durkan)

I thank you, a Leas-Cheann Comhairle, and Deputy Briscoe for affording me this opportunity to reply to the debate on behalf of the Minister for Justice. As the Deputy is aware, the European Union places great priority on the fight against drugs. During the Irish Presidency of the European Union, the Minister for Justice, as President of the Justice and Home Affairs Council, placed great emphasis as a national priority on the need for positive and coherent action in dealing with all aspects of the drugs problem and in pursuing an extensive programme of measures to tackle this issue.

The Cannes European Council, in establishing a strategy for European Action against Drugs, agreed a medium term plan over a five year period, from 1995 to 1999, and also the Community Action Programme on the Prevention of Drug Dependence in the Field of Public Health. That Council established an Expert Group on Drugs which was instructed to submit to the European Council meeting in Madrid an analytic report accompanied by proposals dealing with the issues in these two plans. The Madrid European Council approved the Report of the Drugs Expert Group which analysed the drugs situation in the European Union and made proposals aimed at reducing demand, combating trafficking and enhancing international co-operation. The Union was mandated to report to the Dublin European Council on the action taken on those proposals and the substantial progress made since Florance was warmly welcomed by Heads of State at that meeting in December.

Substantial progress has been achieved under the Third Pillar during the Irish Presidency, specifically with regard to action to tighten legislative measures on drugs. A series of joint actions were agreed which provided for the approximation of legislation and practices between member states, customs services and judicial authorities with a view to combating drug addiction and preventing and combating illicit trafficking in drugs.

A number of resolutions were also agreed on sentencing for serious drug trafficking offences, combating drug tourism and on drug production and cultivation. In addition, agreement was reached in many areas of practical co-operation such as forensic science information exchange on chemical profiling of drugs, exchange of operational skills, training, knowledge and expertise among law enforcement agencies and the Judiciary, all of which supports in real terms the ongoing legislative work of the Union in this field. A pluri-annual programme of funding, including training, exchange of personnel and research in the law enforcement area was also agreed. Because the Europol Drugs Unit plays an increasingly dynamic role in this ongoing work, the completion of the Implementing Regulations for the Europol Convention were well advanced during the Irish Presidency. On 11 February 1997, the Government approved the drafting of a Europol Bill which, when enacted, will enable Ireland to ratify the Europol convention and its subsequent Protocol. Work on the drafting of this Bill is progressing well and publication is expected in the near future.

Judicial co-operation and its legal basis has also been strengthened by the adoption of an EU convention relating to extradition and ongoing work on the Draft Mutual Assistance Convention. The work on the examination of further harmonisation of laws, having been given such momentum during the Irish Presidency, will continue through cross-disciplinary co-operation between the First, Second and Third Pillars, focusing specifically on the growing scourge of synthetic drugs and the continued highlighting of the problem at all levels within the Union's external relations.

The Deputy will be aware of the important legislative developments which have taken place in this jurisdiction to tackle the problem of drug related crime, which has been debated at length in this House. Part VII of the Criminal Justice Act, 1994 was brought into effect by order of the Minister for Justice on 15 November 1996. The provisions in Part VII are essential for Ireland to play a full part in international co-operation and to discharge its obligations under a number of conventions this country has recently ratified.

On 3 September 1996, Ireland ratified the UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. As a party to this convention, Ireland can play a full part in international co-operation against drug trafficking, ranging from practical co-operation on drug trafficking at sea to judicial co-operation in obtaining evidence and in confiscating the proceeds of drug trafficking. The Department will act as the central authority in this jurisdiction for the purposes of international co-operation under the convention.

In December 1996, Ireland also ratified the Council of Europe Convention on Mutual Assistance in Criminal Matters, and the additional Protocol to that Convention, which came into effect as regards Ireland in February 1997; and the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds of Crime, which came into effect as regards Ireland on 1 March 1997.

The conventions require convention states to afford each other extensive criminal law co-operation, as well as to put in place certain domestic criminal law provisions. The co-operation covers the service of foreign judicial documents, the obtaining of statements or other evidence for use in criminal proceedings abroad, and the execution of foreign court orders confiscating the proceeds of crime or forfeiting material associated with crime. Under these conventions Ireland not only provides assistance to other participating countries but may also seek assistance on these matters.

The Minister for Justice, together with her colleagues in Government, is totally committed to taking whatever action is necessary to tackle the drugs problem.

Mr. Briscoe

It would have been nice if my question had been dealt with. It was not even referred to.