Dáil Éireann díospóireacht -
Tuesday, 25 Nov 2003

Vol. 575 No. 3

Written Answers. - Drug Trafficking.

John Deasy

Ceist:

95 Mr. Deasy asked the Minister for Justice, Equality and Law Reform if he has satisfied himself that there is a deterrent for the drug dealers in view of the fact that out of 276 persons convicted under section 5 of the Criminal Justice Act 1999, only 12 have been given the ten year mandatory sentence; and if he will make a statement on the matter. [28298/03]

John Deasy

Ceist:

118 Mr. Deasy asked the Minister for Justice, Equality and Law Reform if he has plans to introduce legislation to provide for a minimum three-month sentence for anyone found trafficking illegal drugs; and if he will make a statement on the matter. [28297/03]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

I propose to take Questions Nos. 95 and 118 together.

I refer the Deputy to my detailed answer to Question No. 178 of 6 November 2003 in respect of this matter, including the circumstances in which the courts may depart from the imposition of the minimum sentence as set out in section 5 of the Criminal Justice Act 1999. The courts are, subject only to the law and the Constitution, independent in the exercise of their functions and it would be entirely inappropriate for me to comment on specific cases. However, as stated in my previous response, I am awaiting the results of a study which my Department has commissioned into convictions for the new drug trafficking offence created by section 4 and that the provisions under section 5 of the Criminal Justice Act 1999, as one of a number of legislative instruments designed to address the issue of national and international drug trafficking, is constantly monitored to ensure that the appropriate measures are in place to address the issue.

I have not decided to introduce legislation to provide for a minimum three-month sentence for anyone found trafficking illegal drugs. Such a proposal would need to be refined as it could potentially involve a mandatory sentence for friends, including boyfriends and girlfriends who gave each other illegal drugs. Trafficking in this context would have to be carefully defined. Addicts frequently obtain drugs for onward supply to other addicts. I am aware that the Deputy has made such a proposal and I would welcome his exact proposals before passing judgment.