Neasa Hourigan
Ceist:
712. Deputy Neasa Hourigan asked the Minister for Justice the cannabis substances and products, for example, edibles, concentrates and so on personal possession of which will be considered for application of an adult caution by An Garda Síochána; and if she will make a statement on the matter. [1051/21]
Amharc ar fhreagra
The Deputy will appreciate that the Garda Commissioner is responsible by law for the management and administration of An Garda Síochána. I, as Minister, have no direct role in these matter.
I have requested information from the Garda Commissioner in relation to this matter but it was unfortunately not possible to compile it in the time available.
I will write to the Deputy directly with the information requested, when it is available.
The following deferred reply was received under Standing Order 51.
SUBSTANTIVE ANSWER:
I refer to Parliamentary Question Number 712 which was for answer on 13 January 2021 where you asked “the cannabis substances and products, for example, edibles, concentrates and so on, personal possession of which will be considered for application of an adult caution by An Garda Síochána”
You will recall that the information could not be obtained in the time available and I undertook to consult with An Garda Síochána and to contact you again.
The National Drugs Strategy, Reducing Harm, Supporting Recovery 2017-2025 , provides a roadmap to achieving these aims by promoting a more compassionate approach to people who use drugs, with addiction treated firstly as a health issue.
In line with the recommendations of the Working Group to Consider Alternative Approaches to the Possession of Drugs for Personal Use, the previous Minister for Justice, along with the then Minister for Health and Minister of State with responsibility for the National Drugs Strategy, announced the Health Diversion Approach in August 2019.
This approach allows for persons who are found to be in possession of controlled drugs which are, in the opinion of An Garda Síochána, for personal use to be referred to the HSE for a mandatory health screening and brief intervention in the first offence. For a second offence, at the discretion of An Garda Síochána in consultation with the DPP, the option of the issue of an adult caution instead of prosecution will be available.
An implementation, monitoring and evaluation group, chaired by the Department of Health, is implementing the health diversion programme. The Group is developing proposals to commence implementation of the programme on an administrative basis in a number of locations throughout the country in 2021. As outlined in the Programme for Government, a review of the programme will take place following the first full year of implementation, to ensure that it is meeting all of its aims.
The Deputy may also wish to note that following collaboration between An Garda Síochána and the Director of Public Prosecutions, an expansion of the Adult Cautioning Scheme to include four additional offences has now been approved:
- Offences contrary to section 13 of the Criminal Justice (Public Order) Act 1994 (Trespass in a manner likely to cause fear);
- Offences under section 21 of the Criminal Justice (Public Order) Act 1994 (Control of access to certain events);
- Offences under section 3 of the Casual Trading Act 1995 (Casual trading without a licence or contrary to the terms of the licence);
- Offences under Section 3 of the Misuse of Drugs Act 1977/84 (Simple possession). This will relate to the possession of cannabis and cannabis resin only.
An Adult Caution for any of these four offences can only be considered in respect of an offence committed on or after the 14 December 2020 and cannot be applied retrospectively. An Garda Síochána will continue to work closely with the Director of Public Prosecutions in relation to all elements of the Adult Caution Scheme.
Whether or not the possession of any individual cannabis product or derivative, in any specific case, warrants the issue of an adult caution is at the discretion of the individual member of An Garda Síochána concerned, however the final decision to issue a caution under the scheme rests with the relevant District Officer or Superintendent. These individual decision and cases are operational matter for An Garda Síochána, and as Minister I have no role in these matters.
I hope that this information is of assistance to you.
