Senior garda expresses ‘grave concern’ over any move to legalise drugs

By Jonathan McCambridge, PA

Gardaí would have “grave concerns” around any potential legalisation of controlled drugs, a senior garda has said.

Garda assistant commissioner Justin Kelly told the Citizens’ Assembly on Drugs Use in Dublin that international experiences had shown that legalisation did not remove the influence of organised crime groups in the illicit drugs trade.

The assembly is holding its fourth meeting over the weekend, with a focus on the criminal justice and legal system.

Delegates are considering the legislative, policy and operational changes Ireland could make to significantly reduce the harmful impacts of illicit drugs on society.

Mr Kelly told the assembly that the force’s priority is to target those involved in the sale and supply of drugs, rather than those in possession of drugs for personal use.

Mr Kelly said that very few people are imprisoned in Ireland for possession offences.

He said: “In 2022 nationwide we initiated approximately 11,000 Section 3 prosecutions.

“This resulted in 261 individuals receiving sentences of imprisonment or suspended terms of imprisonment.

“Every one of these people had multiple previous convictions. In fact the median number was 76 previous convictions.

“To be clear not one of this 261 was a first time offender.

“In our current system it is not the norm to be imprisoned for personal use of drugs possession.”

He added: “The focus of all our drugs units around the country and on the Garda National Drugs and Organised Crime bureau is on the sale and supply, not on possession.

“Our focus is on targeting those harming our community by supplying drugs.”

The officer said: “An Garda Síochána is supportive of the current health-led approach but has grave concerns around any potential legalisation of controlled drugs.

“These concerns are based on the implications for the whole of our society, not focusing just on those who consume drugs.

“My colleagues in North and South America have been very clear with me that legislation will not remove the influence of organised crime groups who will continue to maintain the illicit black market undercutting legal prices and increasing strengths of drugs.

“My colleagues in Canada have told me that such changes have significantly curtailed their abilities to approach and engage with suspects.

“In British Columbia, the first month of legalisation saw a record number of overdose deaths.

“I have also been told that legislation will result in an increase in drug-driving, something we hardly need here given that last year we had almost 2,000 drug-driving prosecutions.

“It is incumbent on us in An Garda Síochána to keep society safe as a whole and to protect the rights of the victims of crime.”

The meeting also heard examples of how the courts, police and community organisations can help divert those who use drugs away from criminalisation through a range of health and education-led interventions and rehabilitation methods.

Chair of the Citizens’ Assembly on Drugs Use Paul Reid said: “We are now over halfway through the assembly’s work programme and are starting to focus on what type of final recommendations we will make.

“As part of this, it is extremely important to consider the views of those involved in how the justice system manages the drugs issue.

“This is an extremely complicated discussion.

“Members are being provided with a significant level of detail and a range of views that will help us make an informed set of recommendations. I want to thank all speakers and members of the Assembly for their commitment and effort in our important work.”