In December 2022, the Joint Committee on Justice published Report on an examination of the present approach to sanctions for possession of certain amounts of drugs for personal use.1 The report makes a set of wide-reaching recommendations on how the committee thinks Ireland’s approach to people who use drugs should change. It includes a recommendation for the decriminalisation of the possession of drugs for personal use.

Joint Committee on Justice
The Joint Committee on Justice is described as shadowing the Department of Justice and considers policy ‘in the fields of justice, security and the rule of law to ensure that Irish society is safe, secure, just, open-minded and impartial’.2 The committee comprises Dáil Deputies and Senators of the Oireachtas from across all political parties and independents. It is chaired by James Lawless TD of Fianna Fáil and its members include Labour Party TD Aodhán Ó Ríordáin and Independent Senator Lynn Ruane, both of whom are long-standing contributors to the national discussion on drug issues. The aim of the committee is to have meaningful input into key legislation and policy areas. It should be noted that the committee’s findings and recommendations do not necessarily reflect those of the Minister for Justice or the Department of Justice.

Committee’s focus on drug issues
The committee chose to address the issue of drug use given that this policy area has seen significant developments since the late-2010s. These include the move to a more health-led approach in the national drugs strategy, the introduction of the first on-site drug testing facility at a music festival in 2022, and the proposal to establish a Citizens’ Assembly on Drugs Use, which in fact convened in April 2023. To inform its work, the committee carried out a public engagement that involved face-to-face meetings with stakeholders and inviting them to make written submissions. These focused on four broad questions:

1. Did they believe the criminal justice system is the most appropriate avenue for dealing with possession of small quantities of drugs for personal use?
2. Is the current approach towards drugs, which can result in a criminal record, counterproductive in terms of dissuading people from drug use and encouraging engagement in rehabilitative programmes?
3. Would an administrative sanction be an appropriate (and more cost-effective) alternative to a criminal sanction?
4. Are there particular jurisdictions with alternative drug policies from which Ireland could learn?

Stakeholder responses
Submissions were made based on stakeholder experiences in the field and their views on how Irish drug policy should progress, with some making reference to existing research and other evidence sources.

Stakeholder submissions reflected a range of positions in response to the questions posed by the committee. Among the alternative approaches suggested for consideration were the potential decriminalisation of the possession of drugs for personal use and the potential to introduce a regulatory model around the use of drugs. While there was broad (but not unanimous) consensus on the benefits of the first of these approaches, the second attracted more debate. Among the arguments in favour of decriminalisation were that the use of the criminal justice system for possession for personal use is disproportionate, that there is stigma attached to a criminal conviction, and that criminalisation may have a negative impact on the introduction of better harm reduction and treatment interventions for people who use drugs. While some argued that there was a lack of evidence that criminalisation deters drug use, one group argued that there was evidence that the threat of criminal sanctions deters some young people from using.

Recommendations of Justice Committee
The committee made 22 recommendations based on its findings. Underpinning these is its position that a criminal justice-led approach to drug use causes harm and that a health-led approach should be prioritised in drug-related policy and practice in Ireland.

The Committee acknowledges the harms associated with pursuing a criminal justice led approach to drug use and misuse and recommends that a health led approach is prioritised in both policy and practice.1 (p. 6)

Service-related recommendations
Many of the recommendations focus on the provision of services for people who use drugs. The committee recognises the role of poverty, inequality, and trauma in drug use and advocates for a poverty and trauma-informed approach to be taken in the development and delivery of addiction services. The existing services that it recommends be expanded or developed further in Ireland are: dual diagnosis services; drug testing at festivals; naloxone training and provision; opioid substitution treatment; and an expanded Medical Cannabis Access Programme. Other services that it recommends introducing in Ireland are: heroin-assisted treatment; fixed/mobile medically supervised injecting facilities; and mobile overdose prevention clinics. It also recommends the introduction of a ‘fact-based, educational campaign on drug use and harm reduction’ (p. 6).1

Recommendations on decriminalisation and regulation
The committee explicitly recommended decriminalising the possession of drugs for personal consumption. It does not make a distinction between different types of drugs for this recommendation. It also recommends that steps are taken to introduce ‘a regulatory model for certain drugs’ (p. 7), although these drugs are not named explicitly. Among the activities that it recommends ‘be examined’ is the practice of cultivating illicit substances at a non-profit level. This is linked to another recommendation to carry out research on the benefits and drawbacks of mechanisms, such as community collectives or social clubs, through which people can grow personal supplies of cannabis or other drugs.

The Committee recommends that a policy of decriminalisation is pursued, in line with emerging international best-practice, in respect of the possession of drugs for personal consumption, through appropriate legislation reform, in favour of a health-led approach to problem drug use.1 (p. 7)

Concluding comment
The Citizens’ Assembly on Drugs Use convened for the first time in April 2023. The committee has recommended that the assembly facilitates a discussion on Ireland’s approach to drug possession and use. Based on the current report, the committee would support the selection of decriminalisation and regulation of the drug market as topics to be covered.

1    Joint Committee on Justice (2022) Report on an examination of the present approach to sanctions for possession of certain amounts of drugs for personal use. Dublin: House of the Oireachtas. Available from:
https://www.drugsandalcohol.ie/37755/

2    For further information on the Joint Committee on Justice, visit: https://www.oireachtas.ie/en/committees/33/justice/