968. Deputy Violet-Anne Wynne asked the Minister for Justice what steps she has taken to ensure that first-time non-violent offenders who have breached a piece of legislation (details supplied) will not be given custodial sentences; what alternative options are in place; and if she will make a statement on the matter. [13312/24]

Minister for Justice: As the Deputy will be aware, members of the judiciary are independent in the matter of sentencing, as in other matters concerning the exercise of judicial functions, subject only to the constitution and the law.In accordance with this principle, the court is required to impose a sentence which is proportionate not only to the crime, but to the individual offender, in that process identifying where on the sentencing range the particular case should lie and then applying any mitigating factors which may be present. As Minister, I have no role in this process.

However, a working group of the Criminal Justice Strategic Committee (which is chaired by my Department) recommended the extension of the Adult Caution Scheme to include first time offences under the legislation referred to by the Deputy. The Adult Caution Scheme is a non-statutory scheme agreed between, and administered by, An Garda Síochána and the Director of Public Prosecutions. They extended the Adult Caution Scheme to include offences related to cannabis possession under the section of the legislation referred to by the Deputy in December 2020.

I am advised that the Garda Authorities have published the policy documentation relating to the Scheme at the following link on the Garda website: www.garda.ie/en/about-us/publications/policy-documents/adult-cautioning-scheme-policy-document-feb-21-.pdf.

As you will appreciate, as Minister, I have no role in the functions, operations, governance or oversight of the Office of the Director of Public Prosecutions (DPP).

More broadly, the Deputy may be aware that the Department of Health leads on Government policy in the area of drugs, and this policy is guided by the national drugs and alcohol strategy "Reducing Harm, Supporting Recovery - a health-led response to drug and alcohol use in Ireland 2017-2025 ". This strategy represents a whole-of-Government response to drug and alcohol use in Ireland.

The implementation of the strategy is led by the Minister for Health and the Minister of State with responsibility for Public Health, Wellbeing and the National Drugs Strategy. However, the strategy includes actions for all stakeholders, including my Department and An Garda Síochána.

The Deputy will also appreciate that the Misuse of Drugs Act 1977 falls under the responsibility of my colleague, the Minister for Health. I have no role in this legislation or its associated policy matters.

However, I can inform the Deputy that officials in my Department engage with all stakeholders under the structures of the drugs strategy, namely the National Oversight Committee, chaired by the Minister of State with responsibility for Public Health, Wellbeing and the National Drugs Strategy, the Standing Sub-Committee, and associated working groups.

A proposal to introduce a health diversion programme, to steer individuals who have committed an offence under that section towards an appropriate health intervention, rather than into the criminal justice system, is in the process of being finalised by the Department of Health, with input from my Department.