Ireland's first drug diversion scheme begins nationwide after seven-year wait

Gardaí must be satisfied the drugs — in terms of the quantity and how the drugs are packaged — are for personal use, and not for supply. The person concerned also must accept the offence. File picture 

The HSE is “geared up” for around 7,000 people to be referred to it by gardaí for a first-time offence of possessing drugs for personal use.

The scheme — announced as government policy seven years ago — starts nationwide tomorrow for a one-year trial.

It is Ireland’s first diversion scheme for drug possession and is a landmark in State drug policies, although its limited scope, confined to just a first offence, has been criticised.

Its introduction follows a series of delays within An Garda Síochána, between Government departments and, more recently, within the DPP.

As a result of complex discussions over the best way to proceed, the Health Referral Scheme is being brought in on an “administrative” basis, rather than through legal changes.

The Irish Examiner understands that rank-and-file gardaí, and their supervisors, have not been provided with training as how to operate the scheme and that instructions will be issued Monday night for gardaí working from midnight on.

Under the Health Referral Scheme, gardaí can give a person caught in possession of drugs for personal use the option of a health intervention rather than being charged and brought before the courts.

Gardaí must be satisfied the drugs — in terms of the quantity and how the drugs are packaged — are for personal use, and not for supply. The person concerned also must accept the offence.

The scheme, which had been called the Health Diversion Scheme for years, applies to all drugs and not just cannabis.

It is voluntary and up to the person to contact the HSE. They will be given a Garda leaflet with relevant HSE contact details.

The details of the person and offence will remain on Pulse, the Garda computer system. If the person is caught a second time, it will flag up the referral and the person will be charged and prosecuted as normal.

The diversion scheme was recommended by an expert committee in July 2019, which suggested people caught with possession amounts could get a second chance if gardaí decided it was appropriate.

This was backed by the then government, which announced that August, proposals to implement the scheme and refer people for a health support.

In July 2023, the Department of Health told the Citizens Assembly on Drugs (CAD) that the health end of the scheme was set up and ready to go.

That September, the CAD chair Paul Reid strongly criticised the delay within the Department of Justice and called on politicians to “step up” and introduce it.

Support framework 

In a statement over the weekend, the HSE said the health support is based on the Saor framework, which allows for screening and brief intervention for alcohol and substance use.

“Appointments with a Saor practitioner are available in-person, in a number of locations around the country, or online from anywhere in the country,” the HSE said. 

“There are currently nine full-time staff in place to provide national coverage. Participation in the scheme is voluntary.” The statement said the practitioner will explore substance use with the individual, discuss their support needs, and provide information.

“Where appropriate, the Saor practitioner may recommend onward referral to specialist services and supports close to where the person resides via the referral pathways that are in place,” it said.

Prof Eamon Keenan, HSE lead for Addiction Services, welcomed the scheme’s belated introduction.

“We don’t know how many people will be referred but we are geared up for 7,000 over the one-year pilot,” he said.

Garda sources said there was no threshold amount, demarcating personal use from supply, and that gardaí will use their experience and judgement and factor in both the quantity and how it was packaged.

It is understood Garda HQ believe the scheme is relatively straightforward to operate and that training for gardaí was not required.

• Cormac O’Keeffe is Security Correspondent.