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Tony Duffin and Minister of State Colm Burke at the launch this morning. Simon Peare Photography

'Appetite' in Ireland for finding alternative responses to drug possession - report

Ireland is “at the precipice” of “transforming how its justice system responds to drug use in a more effective and humane way”.

LAST UPDATE | 2 Jul 2024

THERE IS AN “appetite” in Ireland for alternatives to coercive sanctions in drug possession cases, according to a report launched by the Minister of State for the National Drugs Strategy today.

Speaking at the launch of the report on Drug Use and Current Alternatives to Coercive Sanctions in Ireland, Minister of State for the National Drugs Strategy Colm Burke told The Journal that the Department of Health is working towards a health-led approach on the area of drug use.

The new report on alternative responses to imprisonment, known as ACSs, has said Ireland is “at the precipice” of “transforming how its justice system responds to drug use in a more effective and humane way”.

The report was conducted by a UK-based charity called the Centre for Justice Innovation and is based on a survey and interviews with practitioners or managers from a number of organisations with a role in responding to drug use.

It identifies nine existing services that fall under five categories defined by a European Commission study on alternatives to coercive sanctions:

  • Caution / warning / no action – the Adult Caution Scheme
  • Diversionary measures – the Law Engagement and Assisted Recovery programme
  • Drug court – Dublin Drug Treatment Court, Louth Drug Treatment Court, Cork Court referral programme
  • Drug treatment – Meath Community Drug and Alcohol Response, Prime for Life (Roscommon, Galway, Mayo, Longford and Sligo) and START project (Donegal)
  • Initiative working across different pathways – the Athy Alternative Project (Kildare, Laois and Carlow)

Other types of responses that the European Commission had identified elsewhere in the European Union include suspension of investigations or court proceedings with a treatment element; probation, community work or restriction of liberty with a treatment element; and intermittent custody/release or parole/early release with a treatment element.

In a statement marking the release of the report, Burke said that drug use is a “serious health issue with long-term implications not just for the person who uses illicit drugs, but for their family and the community around them”.

“This report shows the enthusiasm for a health-led response, one which diverts people away from courts and prisons and instead towards effective programmes that support their rehabilitation and reduce their likelihood of reoffending,” Burke said.

“As Minister with responsibility for the national drugs strategy, I fully committed to ensuring that we move forward with a health-led approach that reduces harms and provides measurable benefits to the lives of everyone affected by the misuse of drugs.”

The new report said that funding for drug treatment services that interact with the criminal justice system is stable and available across a wide range of areas in Ireland.

However, some services, like the Dublin Drug Treatment Court, rely on multiple sources of resources rather than on central funding, while the Cork Court Referral Programme relies on fining individuals to pay for court workers.

Another problem is that “organisational memories within the sector have faded significantly since Covid”, according to the report.

Knowledge of system-wide interventions and alternative to coercive sanctions have reduced. This has led to fewer people engaging with services such as Dublin Drug Treatment Court.

Some new stakeholders lack training and knowledge about alternatives.

Despite the challenges, interviewees from the organisations felt there is a promising environment for change in Ireland’s use of alternatives to coercive sanctions in the wake of the Citizens’ Assembly on Drug Use.

“This environment has provided Ireland with a unique opportunity to expand ACSs and particularly the availability of pre and point-of-arrest diversion,” the report notes.

“Despite challenges that may arise from cultural hesitancy, and the task of adapting systems to enable data sharing and evaluation for this model, the potential for change in the current framework of opportunities is hugely promising.”

Speaking this morning at the launch of the report, Burke said that it wouldn’t be appropriate to comment on the findings of the Citizens’ Assembly on Drugs Use, as it currently before an Oireachtas Committee. 

The Citizens’ Assembly on Drugs Use provided 36 recommendations. On June 13, the Oireachtas Committee held its first public meeting. The committee is to provide a “reasoned response to all 36 recommendations made by the Citizens’ Assembly on Drugs Use within a seven-month time frame”. 

Chair of the citizens’ assembly, Paul Reid, spoke before the committee and said that he believes the two-volume report is “the most thorough and far-reaching examination of drug use undertaken in the history of the State”.

“The citizens’ assembly recommendations support specific measures for implementation including, for example, a decriminalised model, pivoting from a reliance on a criminal justice response to a comprehensive health-led response. We have described this as an Irish model for the Irish problem of illicit drug use,” he said. 

Burke, who was appointed to the role in April by Taoiseach Simon Harris, spoke of now-retired Judge Olann Kelleher’s work in Cork, where he spearheaded a diversion initiative in which 189 young people avoided a drugs conviction for possession of cocaine by taking part in an educational programme, as well as paying a small fine that was directed towards funding the programme.

Last week, The Journal reported that numbers in Irish prisons surpassed 5,000 for the first time ever. The minister said that initiatives like that of Judge Kelleher’s, in intervening with people who face addiction issues before they face criminal convictions is important, but also assisting those after leaving prison.

“This is what Judge Olann Kelleher has done, the difference is if he imposed one conviction on one of those people, the likelihood is that the person will be back in a second and third time which would eventually lead to an imprisonment term,” he said.

“But it’s about also helping people within prison. The problem is not about when they’re in prison, it’s the follow-up after they leave prison. Who is their contact?”

Where do they access that healthcare when they leave prison? A lot are actually people who don’t have any fixed place to go when they leave, and I think that’s one of the issues that we need to be conscious of as well.”

Chair of SIG-5 and CEO of Ana Liffey Drug Project, Tony Duffin, presented the report this morning alongside Director of Services at Ana Liffey Drug Project Dawn Russell, Head of Services at Coolmine TC Lisa Larkin, Senior Innovative Practice Officer at the Centre for Justice Innovation Jason Kew, and Research Officer at the Centre for Justice Innovation Carla McDonald-Heffernan. 

With additional reporting by Emma Hickey.

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    Mute Rúraíocht
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    Jun 9th 2021, 3:04 PM

    The UK agreed to the protocol as a compromise towards securing a trade agreement with the EU.

    Now they are saying that compromise must be negotiated.

    Who would trust them.

    537
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    Mute john s
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    Jun 9th 2021, 3:16 PM

    @Rúraíocht: exactly, tell them where to go, what are the eu going to get in return, more fishing rights ??

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    Mute Alan Mulcahy
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    Jun 9th 2021, 3:19 PM

    @Rúraíocht: Apparently, the solution is simple… to.
    The Brexiteers …if us Irish just go back to being subject to UK law then their problem will be sorted…

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    Mute Simon Fusco
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    Jun 9th 2021, 3:34 PM

    @Alan Mulcahy: I just got sick in my mouth

    93
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    Mute Gary Kearney
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    Jun 9th 2021, 6:20 PM

    @Rúraíocht: We have been aware of the UK breaking agreements for generations. With this however the rest of the world sees their government for what they are. The amount of trust they will lose worldwide over this will be massive.

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    Mute Billy McNamara
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    Jun 9th 2021, 7:40 PM

    @Rúraíocht: Who would trust Borris?

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    Mute Pádraic Ó Braonáin
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    Jun 9th 2021, 3:24 PM

    Notice to the rest of the world—-Thinking of doing a trade deal with (——-) and getting it all in writing and protecting yourself with a law an all?……Save yourselves a massive headache — don’t do it.

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    Mute Welk wrangler
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    Jun 9th 2021, 4:56 PM

    The negotiations are already done ffs, the UK still think they are a major player, they’re delusional. The EU should take a hard line with them.

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    Mute john malonoy
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    Jun 9th 2021, 3:22 PM

    Why dont they get edwin poots to sort it out he knows everything

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    Mute Pádraic Ó Braonáin
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    Jun 9th 2021, 3:37 PM

    @john malonoy: Poots said on the BBC that if it came to it. ‘I would not do the checks’ How is he going to do that? How could he stop the checks, he doesn’t control the ports. Was this a threat of civil disorder or violence – after all he does control or has influence over the thugs?

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    Mute john malonoy
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    Jun 9th 2021, 3:40 PM

    @Pádraic Ó Braonáin: That DUP where always good at getting the loyalists to do there dirty work im sure poots will keep the tradition going

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    Mute Simon Fusco
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    Jun 9th 2021, 3:33 PM

    I thought English tears were delicious but then I got loads of unionist tears now it’s so sweet I’m afraid I’m going to loose a foot

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    Mute On the right side
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    Jun 9th 2021, 4:10 PM

    @Simon Fusco: OMG…Dont you know in 2024 NI will vote to keep the protocol or get rid of it? If they vote to get rid of it which they probably will because people from all sides cant get their usual products and brands in the shops, even if business change their suppliers and buy from the EU the shelf price will sky rocket making people in NI poorer.

    When they vote to get rid of the protocol and move the back to the land the EU and Ireland will not be able to use the GFA as a stick to beat the Brits with because it will have been NI choice, when the border moves it will then be down to Ireland to protect the EU single market or the EU will protect it from mainland Europe.

    Boris will not change UK standards and will carry on kicking the can down the road to 2024, if the Irish were wise they would try and get the EU to soften the checks on goods that go from GB to NI, and sold in NI, goods that will not be entering Ireland so in 2024 NI will vote to keep the protocol.

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    Mute Tony Harris
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    Jun 9th 2021, 4:31 PM

    @On the right side: That’s called thinking ahead. Hopefully the powers that be do a little bit of it. As an island, we stand to lose so much. As it stands, N.I. Could and should be gaining so much from their current position. Unfortunately I think this island is doomed. We couldn’t agree on what day it is never mind making this a better place for everyone.

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    Mute Denis Ryan
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    Jun 9th 2021, 4:37 PM

    @On the right side: As you were told yesterday the demographics of the north is changing and your “fleg” wavers dont have the numbers. Why the panic to get rid of Arlene? It wont be up to lreland to protect the single market, the EU is the bigger trading block so a no deal affects the UK more. Ye almost lost yer minds when access to the continent was slowed down and had a traffic jam leading to Dover.

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    Mute David Van-Standen
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    Jun 9th 2021, 5:03 PM

    @On the right side: you keep pushing this NI will vote to get rid of the protocol, as if it is a solution to the UK’s inability to implement the agreement it made with the EU.

    When in reality voting to get rid of it in 2024 will only result in a hard border on the island of Ireland and for people that live on both sides of the border, that’s not a solution to anything.

    And once the reality of that hard border is felt in northern irelands business community, it will be too late to turn back the clock, much like the way the reality of glorious brexit is being felt now, only much worse.

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    Mute Simon Fusco
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    Jun 9th 2021, 5:30 PM

    @On the right side: sure what’s the worst thing that could happen if they vote to end the protocol in 2024 you do know it’s 2021 so you think nothing will happen between now and 3 years in the future. With Joe Biden on his way to the UK right now. Your acting like the unionists have a leg to stand on what’s there target? Because the nationalists haven’t done anything attacking an English target isn’t going to do anything so the only thing they can attack is an EU target and I think that would be a very funny thing for them to do

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    Mute Gary Kearney
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    Jun 9th 2021, 6:25 PM

    @On the right side: Keep on Dreaming, you are so far off the mark its funny. You had the power to affect the agreement but went to your safe word. NO.
    Now you have very little power at all. In the British Parliament you are seat fillers, in the NI Assembly you are falling apart.
    You had you chance to get things right and refused.
    Ot is your fault, stop trying to blame everybody else, the GOOD FRIDAY AGGREEMENT, the GFA is not enough for such a wonderful agreement.

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    Mute Gary Kearney
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    Jun 9th 2021, 6:27 PM

    @David Van-Standen: Hard border is not possible due to the Good Friday Aggrement and that is not being changed

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    Mute Welk wrangler
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    Jun 9th 2021, 7:36 PM

    @On the right side: won’t be long and that rag your flying will be antique toilet paper.

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    Mute Pseud O'Nym
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    Jun 9th 2021, 8:16 PM

    @On the right side: ah, a racist anti-vaxxer – I’m sure you’ve got some very sensible things to say.

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    Mute Niall O
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    Jun 9th 2021, 10:50 PM

    @On the right side: That would be terrible NI dairy industry will get wiped out overnight. Milk pool is mixed on the island. Segregation is too costly, creameries will just stop processing milk from NI farmers.

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    Mute A Well Known Comical Stereotype
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    Jun 9th 2021, 10:54 PM

    @On the right side: Your avatar really shows your mentality.

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    Mute Teresa Ryan
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    Jun 10th 2021, 8:35 AM

    @On the right side: Stormont can vote to get rid of the NIP it matters not a jot. The international agreement is between the EU and UK.

    Why do you think Ireland agreed to a Stormont vote? That’s right, it matters not a jot.

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    Mute Hugo Bugo
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    Jun 9th 2021, 5:00 PM

    Northern Ireland to Boris Johnson must feel like the family member who’s life is a mess and is always asking to borrow money from u

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    Mute Joe Johnson
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    Jun 9th 2021, 4:53 PM

    Our cousin Joe from America will tell them not to mess with the GFA otherwise there will be no UK/ USA trade deal soon.

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    Mute William Lyones
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    Jun 9th 2021, 6:34 PM

    The UK should have know this was coming.
    Reap what you sow.

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