Diversion scheme for those caught in possession of drugs to be in place by November
The health diversion system will operate at the discretion of gardaí, and people will be given one opportunity to avoid arrest and be diverted to a health intervention. Picture: iStock
The health diversion scheme, announced as Government policy almost six years ago, will operate on an “administrative” basis by gardaí under rules agreed with the Director of Public Prosecutions.
The system will operate at the “discretion” of gardaí, and people will be given one opportunity to avoid arrest and be diverted to a health intervention.
The opportunity will not be available to members of An Garda Síochána or the Defence Forces.
The original proposals, adopted as State policy in August 2019, said that people could get a second chance if caught with drugs for personal use, albeit at the discretion of gardaí.
It is thought it may be possible, but will depend on the circumstances of the second incident and the view taken by gardaí.
The scheme will still apply to all drugs, as originally proposed.
It is not yet clear what the thresholds will be for the amount of drugs a person can have for it to be considered as being for personal use.
The incidents will be recorded by gardaí, but they will not be included in vetting, it is understood.
Plans to devise legislation for the scheme have failed to progress over the years, despite assurances from the Department of Justice.
Because of concerns it could take several more years to get agreement on legislative changes, a decision was made to start the process, sources indicated.
Both justice minister Jim O’Callaghan and the minister of state for the national drugs strategy, Jennifer Murnane O’Connor, have agreed that the programme will run under an administrative scheme.
The scheme is to run for a year, at which stage its operation will be reviewed.
The health diversion scheme has similarities to the existing adult caution scheme for certain minor offences, including possession of cannabis for personal use.
The caution scheme is only supposed to be applied once, but may “in the most exceptional circumstances” be given a second time.
Those exceptional circumstances include where the subsequent offence is minor or where there has been a “substantial lapse of time” since the first caution.
It is understood that there was some concern about the health diversion scheme within sections of Garda HQ and that extensive discussions were held over the years to get a version of it accepted.
An Garda Síochána has urged that any changes to either the law or its application must still give gardaí a clear legal basis to search people for drugs.
In September 2023, the chairman of the Citizens’ Assembly on Drug Use, Paul Reid, strongly criticised the Government for its slow pace in introducing the scheme.
In its January 2024 report, the Citizens' Assembly recommended what it described as “decriminalisation” of possession of drugs — in terms of the application of the law.
The Government has to give its response to this recommendation once it receives a final report from the Oireachtas drugs committee.
An Oireachtas drugs committee was set up by the last government and was given a seven-month period to send its final report. It published an interim report last October, before the election. However, its work, including the interim report, fell with the election.
An Oireachtas drugs committee was set up, but it has not held any public sessions in the first term.
A statement from the Oireachtas said: “The committee met privately five times during the Dáil term to plan and agree a work programme for its nine months of public meetings.”
It said the committee will “start meeting publicly” in September.
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