A NEW scheme for dealing with cases where someone is found with a small amount of drugs for personal use has been given a cautious welcome.

From Tuesday September 1st gardaí have been implementing the Health Referral Scheme (HRS).

The pilot programme WAS developed by the Department of Health and Department of Justice in partnership with the HSE and An Garda Síochána.

It provides gardaí with an alternative response to persons over the age of 18 found in possession of a small quantity of controlled drugs for personal use. 

Instead of prosecuting an individual for simple possession, gardaí can now opt to refer the person to the HSE’s Health Referral Scheme.

This referral is an alternative to a prosecution or adult caution.

This means that instead of facing prosecution first-time drug users will instead be referred for medical help.

The aim of the scheme is to provide a health-based response to people found in possession of drugs and who meet a certain set of criteria.

The HSE is said to be preparing for as many as 7,000 people to be referred to it by gardaí for a first-time offence of drug possession for personal use.

The scheme was announced as government policy seven years ago and has as yet only been approved for a one-year trial. A series of delays within An Garda Síochána, government departments and the DPP are thought to have caused the delay in implementing it.

It is Ireland’s first diversion scheme for drug possession, however its limited scope – confined to just a first offence – has been questioned.

Garda Commissioner Justin Kelly said: ‘This scheme is a positive development and An Garda Síochána has been working closely with government to prepare for implementation of this policy.

‘The commencement of this scheme allows our members to support harm reduction by directing first-time offenders to the health services. Drug use remains illegal and is a serious danger to the health of all users. 

‘Having a mechanism to steer those taking drugs towards support services, rather than into the criminal justice system, is a welcome step in tackling the overall issue of drug use in Ireland.’

The scheme was approved by the Director of Public Prosecutions under Section 10 of the Policing, Security and Community Safety Act, 2024.

Only offences committed on or after midnight on September 1st are eligible for the referral. Similarly, Gardaí can only offer the referral scheme as an alternative to prosecution on, or after this date.

If a person has a previous conviction for drugs use, or has an adult caution, they are not eligible for this scheme.

If a person accepts this referral, they will then contact the HSE and engage in a rehabilitation and treatment programme.

If a person does not accept the referral, they will be prosecuted under the relevant drugs legislation (Section 3 of the Misuse of Drugs Act).

The offender must admit to possession of a controlled drug for personal use at the time of the offence, and be willing to participate in the Health Referral Scheme.

Referrals will be made in line with An Garda Síochána’s internal policy.

If a person is eligible for the Health Referral Scheme, An Garda Síochána will provide them with details on how to progress to the next steps.

This involves contacting the Health Service Executive (HSE) and booking an appointment a SAOR (Support, Ask and Assess, Offer Assistance, Refer) practitioner.

The scheme will give the first-time offender an opportunity to engage with the health service for rehabilitation and treatment, as an alternative to prosecution through the courts.

Funded by the Courts Reporting Scheme.