Garda U-turn as cannabis caution scheme dropped

A DECISION to include cannabis possession in a new Garda cautioning scheme has been dramatically dropped.

The extraordinary U-turn came late on Tuesday after discussions between the Garda Commissioner and Justice Minister Michael McDowell.

Garda Commissioner Noel Conroy had sent out a directive to senior gardaí on January 15 on the new Adult Cautioning Scheme, which is to come into effect on February 1. The directive stated the possession of cannabis for personal use, under section three of the Misuse of Drugs Act 1977, was one of a list of crimes that could be dealt with by caution, rather than prosecution. The directive was issued following discussions with the DPP, who agreed the list of cautionable offences and delegated prosecution authority to local superintendents.

However, following a meeting between Commissioner Conroy and Mr McDowell, the decision to include cannabis was reversed. After meeting Mr McDowell, Mr Conroy drew up a fresh directive amending the original directive, excluding cannabis. It's understood Mr Conroy held discussions with law officers after the meeting.

Both gardaí and the Department of Justice said yesterday the scheme would not apply to cannabis "pending further discussions" between gardaí, the department and the DPP.

When news of the scheme was revealed on Monday, Mr McDowell said he knew nothing about the scheme.

But garda sources claim Department of Justice officials were involved in, or aware of, discussions on the Adult Cautioning Scheme.

Following Tuesday's meeting with the Commissioner, Mr McDowell said it "may make sense" to caution cannabis users, but stressed gardaí could still prosecute them. He said cannabis users had to accept moral responsibility and realise they were keeping drug lords in business.

A spokeswoman for Mr McDowell said it came as a surprise to them when they heard the cannabis provision was to be dropped entirely. Some garda sources claimed the U-turn was a result of the minister's intervention.

The spokeswoman rejected any suggestion pressure was placed on the Garda Commissioner: "There was no pressure from the minister in relation to this."

She said there was no question at the meeting of withdrawing cannabis from the scheme. "The minister didn't raise it and the gardaí didn't suggest it," she said.

"The minister outlined at the meeting where he came from in relation to drugs and he firmly believed an automatic caution in cases of first-time offenders would not sit easily with him."

She said there was agreement between the minister and the gardaí "that there would be no question of cautions being applied automatically, that cases could still be referred to the DPP" and there was nothing in the proposals which should be taken in any way as "diminishing the seriousness of drug offences."

She said the commissioner "undertook to have further [legal] consultations in the matter."

The DPP declined to comment.

Fine Gael justice spokesman Jim O'Keeffe said Mr McDowell was "ricocheting between two extreme positions."