FRONTLINE GARDAÍ HAVE argued that a new drug diversion programme that came into effect this morning came about with ”no training, no advanced notification, and no policy document” to prepare members. 

The Health Referral Scheme allows those in possession of drugs for personal use for the first time to be referred by gardaí to the health service, as an alternative to prosecution or an adult caution.

The Health Referral Scheme was first announced as government policy seven years ago, but its implementation has been long delayed as discussions took place between the bodies involved. 

Gardaí The Journal spoke to said that guidelines had been sent through today, but that they had not received training on how they should be implemented. 

One experienced garda based in the North West said that while the scheme “reflects societal attitudes” and is welcome, it’s a “massive shift and change that directly impacts our role and responsibility within the criminal justice system and the first many are hearing of it is through the media”. 

Another Dublin-based garda said that while the scheme is “well-intentioned”, the first they heard about it was via an email sent by garda management “on the first of September” as well as through the media. 

“The email does mention criteria for seeking a referral and how recording of referrals should be done, but in my view it doesn’t go far enough in terms of explaining how the scheme should work,” the member continued. 

The Garda, who regularly deals with first-time would-be offenders who are in possession of drugs, said he worries that the launch of the scheme has come with a “lack of training” for members on the streets “who will be expected to do the actual referrals”. 

Garda Representative Association for Dublin’s DMR West Division and Garda Detective Mark Ferris told The Journal that the launch is a “missed opportunity”. 

“Gardaí need clear answers on how the scheme will operate in practice, what training, guidance and awareness briefings will be provided, and how it will interact with the existing options, including Garda discretion, the adult caution scheme, and the summons-to-court route,” he said. 

Ferris said that neither gardaí nor the public are “properly informed about what the scheme does and does not mean”. 

“It is not decriminalisation and it does not remove the need for enforcement where drugs are being supplied,” he added. 

Ferris added that while it appears to be a worthwhile programme, its implementation comes without the necessary training at a time when garda members are already “stretched to the pin of their collar by EU Presidency commitments, the Trump visit and high-visibility patrol plans”. 

“A national scheme of this significance needs proper preparation and communication,” he added. 

Ferris said that preparation around questions of information-sharing with the HSE and GDPR protections should have been completed before the launch. 

An Garda Síochána have said that the scheme will give gardaí another response route when dealing with persons under the age of 18 found to be in possession of a small quantity of drugs for personal use. 

“Instead of prosecuting an individual for simple possession, Gardaí can opt to refer the person to the HSE’s Health Referral Scheme. This referral is an alternative to a prosecution or adult caution,” a spokesperson said. 

Garda Commissioner Justin Kelly said that the organisation has been “working closely” with government stakeholders to support harm reduction by directing first-time offenders to health services. 

The scheme will depend on individuals accepting being referred to HSE services and having an appointment with a practitioner. 

A document for the pilot scheme outlines that a superintendent or an inspector acting on their behalf will decide on a health referral, and that where one is not offered, the rationale for that decision must be “clearly recorded” and this decision must be communicated to the person.