Criminal Law, Civil Law and Defence (Miscellaneous Provisions) Bill 2026: Report and Final Stages
Seanad Éireann — 2026-07-02
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Jim O'Callaghan (FF), Dublin Bay South

The Government supports a health-led approach. A health-led approach, however, does not necessarily mean that there has to be decriminalisation of drugs for personal use. A lot of work is being done, along with my colleagues in the Department of Health, to ensure that health-led approach is central to how the State responds to the scourge of addiction. At the same time, we need to ensure that we have laws in place.
On section 3, I know there are other provisions to deal with the issue. However, we need to recognise that there are organised drugs gangs that are seeking to prey on people's vulnerabilities and addictions and that is something that cannot be omitted.
The fact of the matter is that in most cases involving drugs, there is a recognition that the drugs are cannabis, cocaine or heroin. What this is doing is it is giving statutory recognition to presumptive drug testing and if it is the case that somebody wants to challenge it, they can say they do not accept that presumption. The contrary can be proven. That is in the legislation as well. It is not as though, as a result of the certificate, it necessarily then becomes proven completely that that is the drug. If somebody disputes it and says the substance is not cocaine but flour, obviously that will still be established in the court.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-07-02/debate/main
Retrieved: 2026-08-14T04:55:09+00:00
Sitting date: 2026-07-02