The scheme will give gardaí the option to refer first-time offenders to health services instead of sending them through the criminal system. Photo: Priscilla du Preez / Upsplash

Coolmine: Drug referral scheme is welcome

“There are many people who unfortunately have possession of drugs for personal use on their criminal records, which could have been from a number of years ago, but which is causing huge problems for travel, for employment, for all sorts of things.”

Anita Harris, Acting Head of Services at Coolmine Therapeutic Services, said that a newly-announced Health Referral Scheme for first-time drug offenders is a welcome addition to the options available to gardaí when dealing with people caught with drugs for personal use.

Under the scheme, which launched on midnight Tuesday 1 September, people found in possession of drugs for personal use where it is their first offence, can be referred to health services instead of facing an immediate criminal charge.

A similar initiative, which targeted first-time offenders caught with cocaine for personal use, was run in Cork in collaboration with Coolmine by now retired District Court Justice Ólann Kelleher.

Anita Harris said that a single possession conviction, which may be the first and last that the person receives, can cause life-long problems. “There is a difference between recreational drug use and addiction. Many people unfortunately at a developmental stage, whatever that may be, will experiment with drug use.

“And unfortunately, some of these people when they are stopped or searched, that happen to be in possession of a small bag, the gardaí have no alternative than to arrest,” she said.

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She said that this person may never use drugs again, but that a conviction will follow them for their whole life.

Those who are referred will still be registered in the PULSE system – the central garda database – as having been referred. If they are stopped a second or third time, then a criminal process will follow.

However, this is not a mandatory scheme but is rather giving gardaí an option when dealing with first-time offenders stopped with drugs that they hadn’t had previously.

They are not obliged to make referrals and can still refer first-time offenders straight to the courts.

The scheme necessitates a change in the role of gardaí said Harris, which will require buy in from gardaí themselves, and significant changes in training.

“Up until now the gardaí have been solely law and order focused. They don’t make a decision. They arrest you, send you to court and a judge makes a decision.

“Whereas this is a complete paradigm shift, and that’s going to take time,” she said.

Of concern going forward, said Harris, is whether funding will be made available for health services receiving those referred if the scheme is made mandatory.

“There will need to be significant investment in early intervention. Many of the services across Ireland are delivered in response to the consequences of drug use.

“For many of them, whether it’s harm-reduction services, or recovery support services, there are very different services that would be required. Are the services geared towards recreational drug users, are they prepared for early intervention work, are they prepared for the high volumes of people that can be expected?” she said.

The Department of Health has said that the scheme is being introduced as part of a wider Government commitment to reduce drug related harm, and ensure that enforcement remains focused on those involved in the sale, supply, and exploitation linked to illegal drugs.