Criminal Justice (Drug Trafficking) Act, 1996: Motion.

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

I move:

That Dáil Éireann resolves that sections 2, 3, 4, 5 and 6 of the Criminal Justice (Drug Trafficking) Act, 1996 (No. 29 of 1996), shall continue in operation for the period ending on the 31st day of December 2002.

The resolution before the House today seeks approval for the continuation in operation of those sections of the Criminal Justice (Drug Trafficking) Act, 1996, which relate essentially to the detention provisions contained in that Act.

Section 11 of the Act provides that sections 2, 3, 4, 5 and 6 would cease to be in operation at the expiry of 12 months after the date of its commencement unless a resolution has been passed by each House of the Oireachtas resolving that it shall continue in operation. The Act, including the sections that are the subject of the resolution, was brought into operation with effect from 9 September 1996. The sections would, therefore, have ceased to operate on 8 September 1997 had appropriate resolutions not been passed by both Houses of the Oireachtas before then. In July 1997 the necessary resolutions were moved in both Houses to continue the relevant sections in operation until 31 December 1998. In December 1998 both Houses passed similar resolutions to continue the sections in operation for a further two years, that is, for the period ending 31 December 2000. It is now proposed to continue them in operation for a further two years, that is, until 31 December 2002. The two year period for the further extension of the operation of the sections will allow the Garda to continue its current level of activity against the drug traffickers and it will also ensure that the House will have an opportunity to debate the appropriateness of the sections in combating drug-related crime after a further suitable interval.

It is important that Members of the House should have the opportunity, at appropriate intervals, to re-examine legislative provisions such as these to determine the need to retain them. They are provisions that give strong powers of detention to the Garda and we have a duty to examine them to assess whether a need for them still exists. Unfortunately, all the indications, including levels of drug seizures, point to the fact that we have not yet reached a stage where we can allow these provisions to lapse and we must continue to employ the detention provisions of the 1996 Act as an integral element in the fight against the drugs menace.

Down through the years we have seen ample evidence of how the trade of drug trafficking can ravage whole communities and lead vulnerable young people into often inescapable cycles of addiction, crime and even death. We know the vast amounts of money which drug traffickers can make out of the havoc they create in our communities and how this profit incentive is the only morality that governs the activities of these criminals. It is little wonder that it is probably the nightmare of every parent that their child will fall victim to the activities of drug traffickers.

Members of the House will be aware of the concerted action of the law enforcement agencies in recent years to eliminate this menace. Legislation such as the Act we are considering is only one side of the law and order approach to the drug problem, the other is the need for a strong Garda operational response. Without such a response, even the strongest legislation would have little effect. The strength of this response is shown by recent drug seizures. Seizures with an estimated street value in excess of £120 million were made during 1998 and 1999 in operations carried out by the Garda Síochána, some of which involved the Customs and Excise service.

The Garda national drugs unit is to the fore in tackling the major trafficking groups and co-ordinates largescale operations against those involved in this nefarious trade. Because of the international aspect of drug trafficking the unit works closely with international agencies to counter international drug trafficking and has built up a professional network of contacts to generate accurate drug trafficking intelligence. Since the foundation of the Garda national drugs unit, a number of significant internationally driven seizures have been made. The Criminal Assets Bureau has also been extremely successful in depriving criminals of the profits of their illegal activities. It has continually targeted the proceeds of drug trafficking as well as targeting the suspected proceeds of other criminal activity. Street level drug dealing must also be tackled and the Garda has put in place a number of operations to tackle this problem.

Operation Dóchas, begun in October 1996, is designed to combat the drug problem in Dublin by identifying critical areas requiring action and the deployment of the requisite Garda resources to this operation in those communities. The initiative operates through an overt Garda presence in these areas and through intelligence driven operations against those involved in illegal drug activity. This operation has proven to be extremely successful, with drugs worth an estimated street value of £14 million seized and more than 8,000 arrests made during 1999. From January to end September 2000 4,289 arrests were made and drugs with an estimated street value of more than £2.9 million were seized.

Operation Cleanstreet, which commenced in December 1997, targets street dealers. It is a joint operation between local gardaí and the Garda national drugs unit. During 1999 Operation Cleanstreet yielded seizures of drugs with an estimated street value of more than £6,000 and resulted in 180 arrests. In the current year to end September more than 1,400 arrests have been made and drugs with an estimated street value of more than £108,000 have been seized.

Operation Nightcap is designed specifically to target drug dealing in public houses and nightclubs and is co-ordinated by the Garda national drugs unit. Since the beginning of this operation in December 1997 and up to 14 November 2000, 113 persons have been arrested, charged and convicted and seven premises closed under this operation. In addition, 50 warning notices under the Licensing (Combating Drug Abuse) Act, 1997, were served on licensees during this same period.

I also remind Members that I recently announced that the Government has approved plans for a major expansion of Garda CCTV systems. It is worth noting that the CCTV systems in operation have proved to be a valuable tool in the prevention and detection of crime, in particular crimes such as drug dealing and syringe attacks.

I welcome very much this proactive Garda operational approach and the success it has enjoyed. I am happy to have this opportunity to praise the Garda for their efforts in striving to protect our communities from the drugs menace. However, we must also take a longer-term preventative approach. The Government accepts fully that as well as tackling the supply side, comprehensive measures need to be taken also in relation to the demand side. I remind the House that a wide range of initiatives have been put in place to steer people, young people in particular, away from the clutches of drug abuse and in this respect tremendous progress has been made through the allocation of funding by the Government under various schemes. A figure of £10 million has been allocated on an annual basis to support the implementation of more than 200 projects proposed by local drugs task forces in their areas. A further £15 million will be allocated over the next two years to support the implementation of new service development plans currently being prepared by the 14 local drugs task forces.

The Government has also allocated £35 million over three years, under the young people's facilities and services fund to assist in the development of preventative strategies in a targeted manner through the development of youth, sport and recreational facilities and services in disadvantaged areas where a significant drug problem exists or has the potential to develop.

I am pleased the steering committee, established by the Courts Service to organise and monitor a pilot drug court in Dublin, recently confirmed the plan to hold the first sitting of the drug court on 9 January next. The pilot programme marks an important stage in the creation of a drug courts system, which is one of the key priorities of the Government. The pilot programme represents a major policy initiative in the criminal justice system and is designed as an alternative measure, involving supervised treatment programmes for dealing with less serious and non-violent drug offenders. I look forward to assessing the results of the pilot project in due course.

I have given some indication of all that is being done to tackle the drug problem, but this battle must go on. That is why I ask this House to approve the resolution before it today.

To assist Deputies on the sections of the 1996 Act that are the subject of the resolution, I will outline the contents of those sections. Section 2 of the Act deals with powers of detention and permits the detention of a person suspected of having committed a drug trafficking offence for up to a maximum of seven days. The first 48 hours of this period may be authorised by a member of the Garda Síochána of specified rank. Thereafter, authority to detain the person up to the maximum of seven days must be obtained from a judge of the Circuit Court or a judge of the District Court. In each case the authorisation may be granted where a court is satisfied that the detention is necessary for the proper investigation of the offence concerned and the investigation is being conducted diligently and expeditiously.

Section 3 involves an amendment of the Criminal Justice (Forensic Evidence) Act, 1990, to allow for the taking of bodily samples in the case of a person detained under the Act. Deputies will be familiar with other sections. I do not have time to deal with the details but they can be circulated.

The report required under section 11 shows that the number of persons detained under section 2 in the previous period – that is, between 1 December 1998 and 17 December 2000 was 1,435. Of these, 611 were detained for a period not exceeding six hours, which is the initial period of detention permitted under section 2, while 522 were detained for a period of between six to 24 hours, 272 for a period between 24 and 48 hours, 26 persons for a period between 48 and 120 hours and four persons for a period between 120 and 168 hours.

Mr. Coveney

The Criminal Justice (Drug Trafficking) Act, 1996, was introduced under the previous Government and came into operation in September 1996. The purpose of the Act was to increase the powers of the Garda and Customs and Excise officers in combating the supply and distribution of drugs into and around the country.

Section 11 of the Act provided that sections 2 to 6 of the Bill would cease to be in operation after 12 months from the date of commencement unless resolutions were passed by the Oireachtas to ensure their continued operation. In July 1997 the Oireachtas passed the required resolutions after seeing the necessary report provided by the then Minister for Justice in order to continue the operation of the aforementioned sections within the Act for a further period.

That period expired on 31 December 1998 and a further resolution was then passed in the same way to continue with the operation of the relevant sections for a further two years. That 24 month period will expire on 31 December 2000 and a resolution is now required again if the Houses wish sections 2 to 6 of the Criminal Justice (Drug Trafficking) Act, 1996, to continue to be used.

Section 2 refers to powers of detention. The Act provided additional powers of detention to the Garda in relation to persons suspected of having committed a drug trafficking offence and the initial period of detention provided for under this section was six hours. However, this period may be extended to 24 hours when a member of the Garda not below the rank of superintendent has reasonable grounds for believing that such further detention is necessary.

Section 3 relates to an amendment to the 1990 Act dealing with increasing Garda powers to collect forensic evidence. The effect of the section is to allow for the taking of bodily samples in the cases of persons under investigation for drug trafficking offences.

Section 4 relates to re-arrest, providing that re-arrest is only permitted on the authority of a judge and only when new information has come to light regarding a specific case.

Section 5 refers to the application of certain provisions of the Criminal Justice Act, 1984, and in particular to the release of a person from detention due to lack of reasonable grounds for holding him or her. It relates to issues such as destroying records after someone is released, access to a solicitor and medical treatment and so on.

Section 6 relates to regulations regarding Customs and Excise officers. The section provides for the attendance of such an officer at the questioning of persons detained under the provisions of the original Act.

Fine Gael recognises now more than ever that there is a need for continuing with these provisions. The Garda has strongly indicated that these provisions are important in the investigation of drug trafficking offences and we as legislators must take all reasonable steps to ensure they are given the extra powers they need to combat drug trafficking. The type of criminal involved in organising or participating in drug trafficking is often intelligent, violent and ruthless and organised gangs control this murky business in different parts of our towns and cities. Garda drugs squad members and ordinary gardaí deserve huge credit for their work in this area, as it is often difficult and dangerous to secure convictions given the type of criminal one is dealing with. I pay tribute to the work of gardaí in such operations as Operation Nightcap, as did the Minister.

In the report recently received by the House we can see that the total number of persons detained under section 2 of the Act in the period from December 1998 until 17 December was 1,435. Of these, 969 were charged and only 347 have been convicted, while 605 cases are pending. Regarding those 605 cases, what in the Minister's opinion is an acceptable period for a person who has been charged to have to wait for his or her case to be heard? Our courts system is under such severe pressure that it is not capable of dealing with its caseload. We were promised a courts and court officers Bill before the end of the year and I would like that to be confirmed so that we can appoint extra court staff and judges, if necessary, to speed up the system. We must ensure that when persons are charged convictions occur quickly, particularly in drug trafficking offences, so that public confidence in this vital area of the justice system is maximised.

We have a huge drug problem. The ecstasy and cannabis seized this weekend in Cork were worth almost £500,000. In 1999 alone Garda drug seizures amounted to 230,000 ecstasy tablets, over 16,000 grammes of heroin in Dublin and 2,500,000 grammes of cannabis resin. With an estimated 13,000 heroin addicts in Dublin and experimentation with soft drugs becoming the norm for young people in their late to mid teens in almost every town and city, the drug problem is now one of the biggest threats facing young Irish people.

Despite all the seizures in the last three to four years, almost every type of drug still seems to be widely available, which is worrying. I am aware of the work of the national drugs strategy group with local drugs task forces but are we putting enough resources into trying to stop the problem before it gets to the addict by cutting off the supply? Perhaps we are not. The Garda is doing an excellent job with the resources it has but I would like to see drug education for gardaí extended beyond Cork and Dublin so that rural gardaí would also have the equipment and intelligence necessary to deal with problems as they arise.

I welcome the measures the Minister has implemented in relation to CCTV and Operation Nightcap. As he knows, I also welcome the pilot scheme in relation to the drug court and I hope when that pilot scheme is under way, both in the capital and, I hope, outside it, we will see a court system that is not under massive pressure as it is currently because of the huge number of drug convictions. We can try to separate drug offences from mainstream criminal offences. Only when that happens will we start to deal in a positive way with the reasons people commit crime under the influence of drugs or because of drug addiction.

Mr. Howlin

At the time of its enactment, the Criminal Justice (Drug Trafficking) Act, 1996, was described by the then Government, of which I had the honour of being a member, as exceptional legislation because it gave to the Garda Síochána exceptional powers to deal with what was and is an exceptionally serious menace facing this country – the availability and abuse of drugs. The Labour Party acknowledged the need for that legislation, as part of the Government that brought it in, but in the face of strong resistance from the Department of Justice which demanded that there would be in the legislation a built in mechanism for review to allow the Dáil and the Seanad to decide on a periodic basis whether the sweeping powers that were put into the Act were required to continue to battle the menace of drugs and drug abuse.

I would be reluctant to see any legislation providing for prolonged periods of detention. The legislation we are talking about provides for periods of detention of up to seven days for suspected offences. We have to be very careful in providing any mechanism to have people's liberty taken away for periods of that order when they have not been convicted of any offence but we deemed at the time that this issue warranted it. It is our view that, unfortunately, the position has not improved since then and those powers are still required. For that reason, the Labour Party will not oppose the motion the Minister has put before the House today.

It is unfortunate that the exceptionally serious drug problem that formed the background to the introduction of this legislation in 1996 is still with us today. In many respects, the problem has got worse. We have seen a series of tragic deaths this year from contaminated heroin in the greater Dublin area. The critical issue is that the menace of drugs that this legislation and a range of other issues were designed to combat unfortunately still exists.

We have seen very positive results from some of the measures that were put in place at that time, particularly the local drugs initiatives. They have had a remarkable impact at ground level but the reality is that rather than overcoming the menace of drug abuse, it appears to have spread more seriously in this city and, worryingly, across the country. At a seminar organised by the Garda Síochána earlier this year, the assistant commissioner, Kevin Carty, stated: "Living in a rural community does not offer any special protection from those who seek to profit out of the misery of others". He made it clear that drugs, including ecstasy and heroin, were now available in communities across the country. The menace exists and the measures to oppose the menace have to be bolstered. We will do that.

Under the Act the Minister is required to lay a report before this House periodically on its operation. The report that he has put forward contains some interesting facts. For instance, of the 1,435 people held under section 2 of the Act, some 466, or almost one third, were released without charge. It is also interesting to note from the statistics provided by the Minister that almost 98%, or 1,405, of the people were held for less than 48 hours. Just 26 people, less than 2%, were held for between two and six days, and just four individuals, 0.2%, were held for between six and seven days. If we are talking about four individuals who were subject to the most rigorous parts of this provision, the question legitimately arises as to whether there is a compelling reason to have this power in place. Perhaps the Minister might address that point when responding to the debate. Unfortunately, the report does not give any indication as to whether those held for the longest periods were among those subsequently charged. The Minister might give us that information.

Everybody acknowledges that full co-operation between the Garda and the customs authorities is essential if we are to defeat the drugs menace. The Act introduced by the rainbow Government gave the Minister the power to make regulations providing for the attendance of an officer of Customs and Excise and the participation of such an officer in the questioning of persons detained under this Act. It is disappointing to note that more than four years after the Act was passed, the Minister is still keeping the question of making regulations under this provision open to review. Perhaps he would indicate why that is the case and why the regulations are not in place. Why is it not accepted as correct for the Customs and Excise officers to be present, where appropriate, at such questioning?

The Minister indicated that the drug court would finally begin on a pilot basis on 9 January next. I welcome that. I would like to have more detail about the period of the pilot scheme. How long will the evaluation take before there can be a general application of the drug courts and to where is it envisaged that it will be extended? What is the roll-out programme envisaged or intended by the Minister should the pilot be successful?

A new report, which is extremely worrying, is commented upon in today's newspapers. It concerns a study carried out by the department of general practice in UCD, TCD and the eastern regional training programme for GPs which found that the age for using heroin was falling ever lower, as low as 15 in its survey, and that the initial abuse of heroin was starting at a younger age than when this measure was first put in place. It is extremely worrying if all the initiatives outlined by the Minister, which are supported by the House, have not cracked that nut. Not only is the problem getting worse, as can be seen from the statistics, but the impact on ever younger children seems to be a reality. This is an awesome, depressing and worrying reality.

The Minister referred to Operation Dóchas, Operation Cleanstreet and Operation Nightcap. I would welcome more detailed comment from him on their scope and the resources available to them. On Operation Cleanstreet, the figure given for drugs seizures of an estimated £6,000 is not impressive. I support this motion, which should be taken as a determined effort by the House to finally come to terms with this dreadful scourge in society.

Acting Chairman (Mr. McGrath)

I propose to share the remaining time between Deputies Collins, Gregory, Boylan and Joe Higgins.

Mr. Howlin

Will the Minister have an opportunity to respond?

Acting Chairman

It is not built into the order of the House that he should respond. He may respond in writing at a later date.

Mr. Collins

We are aware of the horrific effects drug addiction have on drug abusers and their families. Drug abuse is a serious social problem and a multifaceted approach is needed if we are to defeat drug traffickers. We are aware of the money made by drug traffickers on the backs of the weakest elements in society. It is disadvan taged areas which still have the highest level of drug addiction. However, as those of us who represent rural constituencies know, drug addiction is not confined only to those areas.

I fully support the motion. The Government is, in effect, seeking the continuation in force of sections 2, 3, 4, 5 and 6 of the Criminal Justice (Drug Trafficking) Act, 1996, until 31 December 2002. These sections give important powers to the Garda in its battle to defeat drug trafficking. The Government must be tough on hardened drug criminals, as otherwise the fabric of many communities will be destroyed by the wider spread of drug abuse. If we want to succeed in the important battle to have drug pushers jailed, the above mentioned sections of the Act must continue in force for another two years.

Over the past two years 1,435 people have been detained under the Act. It is the opinion of the Garda and the Minister, Deputy O'Donoghue, that the continuation of these legislative provisions is an important piece of armoury for the law enforcement agencies if drug pushers are to be properly investigated.

Mr. Gregory

I support the continuation in force of these exceptional provisions, as getting rid of them at this stage would send out the wrong message not only to drug godfathers but also to communities, particularly in Dublin, which have borne the brunt of the heroin problem. According to recent information made available to us by the Department of Justice, Equality and Law Report, the problem has spread and is beginning to appear in other cities and towns. This is alarming.

While the provisions relating to interrogation, arrest etc. are stringent, the sentences handed down by the courts, particularly to heroin dealers, do not reflect the seriousness given to the problem by the House. I apologise if I am wrong, but I did not see any reference in the Minister's speech to his initiative of a ten year minimum sentence, which has been an unmitigated disaster simply because the Judiciary refuses to implement it. This element of the measures taken by this House needs serious review. There must also be a serious review as to why the Judiciary is not implementing it. My criticism of the initiative at the time was that it did not focus on heroin, the drug which is causing the misery, destruction and crime in communities.

Unfortunately the extent and severity of the drug problem are getting worse. One has only to listen to the Marian Finucane radio programme to hear parents who have to buy methadone and heroin on the street for their sons and daughters who still cannot get treatment after a number of years of addiction. When they go to treatment centres they are told to come back in three or four months. Until such time as this issue is resolved we will not deal effectively with the drug problem.

The drugs court will be held in my constituency in January. While I welcome this, I wonder if the services available will allow for the proper implementation of this court. I very much doubt it. I regret I do not have time to make further points.

Mr. Boylan

It is regrettable that this debate is being rushed in this manner. It is important that as many public representatives as possible show their support for the marvellous work being done by the Garda in this area. Drug trafficking is a terrible scourge which inflicts problems on families not only in Dublin but nationwide. The Garda is doing marvellous work but I question whether it has sufficient resources. We have read reports on the quantities of drugs seized and the number of detentions and convictions. However, I have been told by people whom I respect that drugs are freely available within five minutes walk of this House. If this is the case, adequate resources are not in place and the Garda is not being given sufficient back up. There should be no limitation on the resources available to the Garda in its efforts to stamp out this wicked activity once and for all. Drug traffickers are ruthless people, with low moral standards and no regard for life. Gardaí put their own lives at risk in trying to apprehend these people. Gardaí have been threatened that their families will suffer if they do not leave these people alone. This in itself gives an indication of the type of people with whom we are dealing.

I want to issue a word of warning to young people. During the festive season they should socialise in groups so that they can look after each other, which is what young people in County Cavan do at the weekend. I have been told that if drink is left unattended it can be spiked. This ruthless behaviour must be stamped out. If this requires additional resources the Minister will have the support of the House in allocating them.

Mr. Higgins

(Dublin West): Those who bring heroin and other lethal drugs into working class communities and wreck the lives of young people, families and entire communities have to be dealt with in the harshest fashion, particularly by allowing them no place to hide. The Minister acknowledged that some of these measures are stiff. I am always worried about the introduction of extreme measures to deal with a specific crisis which can be applied generally. This is not the most effective way to deal with the problem. On the 26 people detained between two and five days and the four people detained between five and seven days, the Minister should have told us the outcome of the detention, whether the charges were successful and if the detention was for serious trafficking.

I am not satisfied that the Government is doing enough to deal with the problems on the demand side. The living environment of working class communities needs to be transformed to give young people an alternative to the nightmare of heroin. A distinction should be made between heroin, cocaine, crack cocaine and other drugs which are not as lethal. The £750 million that the Taoiseach proposes to spend on a national stadium would transform the living environment of working class communities in terms of facilities which are seriously lacking.

I am not happy with the resources provided for the rehabilitation of those currently in recovery. It is difficult to stay off heroin and more resources and supports need to go into long term rehabilitation programmes so that those who are in recovery can be supported in the long term to leave behind completely the addiction which has destroyed their lives. I regret this discussion must be shortened because it is vital for many of our communities.

Question put and agreed to.

Sitting suspended at 1.30 p.m. and resumed at 2.30 p.m.

Dáil Éireann díospóireacht - Wednesday, 6 Dec 2000