Drug decriminalisation did not increase use or drug-trafficking, committee told
Antonio Leitao da Silva, Superintendent of the Public Security Police and Commander of the Municipal Police of Porto, told the committee that drug use has increased in recent years in Portugal, but was still “quite low” compared to other European countries. File picture: Getty
Decriminalisation of personal drug possession in Portugal did not result in any increase in drug use or in drug trafficking, a senior Portuguese police officer has told the Oireachtas Committee on Drugs.
The committee is examining recommendations made by the Citizens’ Assembly on Drugs Use — including decriminalization of drugs — and is due to make its own recommendations to Government by the end of the year.
Antonio Leitao da Silva, Superintendent of the Public Security Police and Commander of the Municipal Police of Porto, told the committee that decriminalisation proved to be an “outstanding” success after it was introduced in 2001.
During a detailed question and answer session with members, Supt da Silva also said:
- Police are not “electric switches” and that it “requires a generation” of police to change their mindset from criminalising users to helping them;
- Drug possession in Portugal "was decriminalised but not de-penalised" and still carries a sanction, though in most cases it is not applied;
- Police still have a role in the system and if they come across an individual with drugs, they can search them, seize their drugs, and refer them to a health commission — though he believes social workers should be doing this job;
- The law in Portugal should be “revisited” to prohibit public use of drugs, saying that visible public drug use has become a problem, saying it impacts on people’s “sense of security”;
- Police in Portugal have a “much better” relationship with people who use drugs than before decriminalisation and said it was “much easier to get information” from users now;
- Drug dealers have exploited the law – which allows drug users to have up to ten days’ supply of drugs – by supplying amounts under that threshold to individual users for onward distribution and sale – although Supt da Silva added that, while this was a challenge, police were still doing their job targeting suppliers.
He stressed that the success of decriminalisation post-2001 was intertwined with a huge increase in treatment, harm reduction and social services. He told members that this success was badly undermined by austerity after 2012, with cuts in social and medical services.
The police chief said this was happening again in recent years, and harm reduction and social services were being affected, and that they were now “paying the bill”.
In addition, he said Portugal was suffering as a result of increased trafficking of drugs into Europe, both of cocaine from South America, and the supply of synthetic drugs, including synthetic opioids. But he said this was affecting all countries in Europe.
He said drug use has increased in recent years in Portugal, but was still “quite low” compared to other European countries.
In what was the sixth public hearing of the Oireachtas Drugs Committee — and its last until the Dáil returns in September — members also heard from Cian Ó Concubhair, Assistant Professor in Criminal Justice at Maynooth University, and Nick Glynn, a former British police officer and specialist on police reform at Open Society Foundations.
Mr Ó Concubhair said that while Ireland did not declare a “war on drugs” like the US, it had, over the past 50 years “sought diligently, and often thoughtlessly, to pursue its logics and practices”.
He said criminal offences, such as for possession of drugs for personal use, were “designed to impose stigma” and added: “We cannot remove stigma around conduct if we maintain criminal offences in relation to that conduct.”
He said any effort to decriminalise drug use, which he supported, must begin by repealing Section 3 (possession) of the Misuse of Drugs Act 1977. “Any measure short of this will maintain Garda and court discretion, which will lead to continued criminalisation and punishment of drug users,” he told members.
He said decriminalisation did not equate to the State endorsing or ‘normalising’ drug use and said the State actively dissuades people from smoking tobacco, despite it being legal. He said criminalisation of drug use was “corrosive” to policing itself and police-community relations.
The lecturer said the evidence was not there to support a fear that decriminalisation would lead to increased drug use. Both he and Mr Glynn said it would be “sensible” for local authorities to prohibit public drug use in certain areas, such as near schools or nurseries.
Garda Commissioner Drew Harris is due before the committee in September.
