Advertisement

We need your help now

Support from readers like you keeps The Journal open.

You are visiting us because we have something you value. Independent, unbiased news that tells the truth. Advertising revenue goes some way to support our mission, but this year it has not been enough.

If you've seen value in our reporting, please contribute what you can, so we can continue to produce accurate and meaningful journalism. For everyone who needs it.

Ruane says the idea that someone can walk away from addiction at the judgement of the court is ridiculous. Leon Farrell/Photocall Ireland

Lynn Ruane Drug courts are not the solution to Ireland's drug problem

We cannot have a National Drug Strategy that prefers the drug court to a health-focused approach.

DRUG COURTS, WHICH which differ from other courts in Ireland, were set up with the aim of reducing crime through drug rehabilitation. 

Under this system, you are a person most likely experiencing problematic drug use, yet you are considered an offender, not a participant or patient of the drug courts. 

Offender and health are not terms we consider as being complementary to one another.

The Drug Courts recruit based on a guilty plea and prescribe to a clean urine programme, which rules out many other drug users who are harder to reach, engage and support due to the chaotic nature of their drug use.  

There is another way

Imagine if we had a localised multi-agency and disciplinary team, consisting of nurses, drugs workers, counsellors and educators.

Well, in many areas we do, or we can have with the right resources and policy support. 

A Drug Court has many of these, but a judge oversees it, and your involvement is court-ordered, and your addiction is still an offence.  

It is just another system that will benefit a tiny percentage of drug users, and to succeed, you have to be a model patient, or in this case, offender.

Why they don’t work

Drug courts are and have always been the wrong approach to drug use. The discussion on drug courts cannot be removed entirely from the debate on drug decriminalisation; in the same way as the debate on decriminalisation is not divorced from having a health-led approach for real. 

The Oireachtas Group on Drug Policy Reform (ODPR), chaired by me, recently had a session with Dr John Collins (London School of Economics) and Denise Tomasini (Open Society) on Ireland’s Drug Courts. 

Meeting with Dr Collins and Denise reminded me how quiet I have been on drug courts since my election in 2016. The only reason for this is that I did not want it to get wrapped up in the conversation about decriminalisation. 

Ultimately, I was worried that Justice might see a more enhanced Drug Court system as a way forward, which it isn’t. 

The system needs an overhaul

Rethinking Drug Courts: International Experiences of a US Policy Export by Dr John Collins is an excellent place to start when discussing the issue of Drug Courts. 

The Drug Court in Ireland was established after years of drug-related crime in Dublin. Both the health system and Justice were failing to respond to a drug crisis. 

Of course, they didn’t see any other way to address this than taking an American Model and landing in Dublin in the form of Drug Courts. 

There was a real struggle in the minds of governments to see addiction as a response that should purely be led by health interventions — ignoring reports at the time of the positive relation between methadone treatment and crime rates.  

Today, we see that same pull between those departments persisting, as ‘tough on crime’ rhetoric often drowns out the desire of our health system to deal with drugs without the inference of Justice. 

In the chapter by Dr Collins, he refers to the Fianna Fail approach at the time, which seemed to be a reluctant acceptance of methadone expansion. 

Quoting from Shane Butler of Trinity College Dublin, he states that Fianna Fail’s attitude to expanding methadone treatment at the time was closer to the ideology of the US’s abstinence model. 

He also suggests that Fianna Fail at the time grudgingly accepted methadone would play a part in “the detoxification and rehabilitation of addicts”. I would imagine this was due to people struggling to see the use of drugs as anything other than criminal. 

What struck me most about Butler’s comments was the idea of methadone only playing a “secondary role.” Mainly because in many ways, our health system is still shadowing the justice system when it comes to use and problem use of drugs. 

In my view, and I am sure many others, the creation of drug courts was an attempt to find a balance between the two, albeit a failed one. 

To gain greater insight into the development of the Drug Courts and the ‘buy-in’ or lack thereof, I would suggest referring to Dr John Collins’ book. 

Or indeed turn to the writing of Shane Butler to get an insight into what was described as “unresolved tensions which continued to have a negative impact on the ongoing delivery of the drug court model.”

Ireland moved slightly away from the US model by accepting that methadone and maintenance should not be excluded. Acceptance may be too strong of a word to describe their decision. 

A move in name only

The move from the American way of doing things didn’t quite match up with what was unfolding in the drug courts. Mostly we already had people trained as criminal justice experts deciding how people would be treated for substance use. 

You had judges prescribing treatment, prescription of abstinence underpinned by the principles of a US drug court system.

One of the most significant flaws for me is the idea that a judge can order abstinence. This idea that someone can walk away from addiction at the judgement of the court is ridiculous. 

This is proven in the small number of graduating participants. It also has to be asked about who becomes a participant of drug court; they already have to have pleaded guilty.  

Many young men I have worked with for years often pleaded guilty to have the option of a drug court instead of prison. There is a real gap between how many people need access to treatment in Ireland and how many end up in the drug courts. 

Further questions need to be asked about the legal rights of those who do find themselves in the Irish Drug Court.  

We cannot have a National Drug Strategy that claims to see addiction as a health led approach yet have funds steered away from treatment and into a drug court. 

Nobody goes to court to improve their health. 

The sooner we accept that being in front of a health professional and not a judge is what is required to achieve this, then we don’t have a health-led approach to drug use or misuse.

Lynn Ruane is an independent senator.

VOICES LOGO

Readers like you are keeping these stories free for everyone...
A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation.

View 43 comments
Close
43 Comments
This is YOUR comments community. Stay civil, stay constructive, stay on topic. Please familiarise yourself with our comments policy here before taking part.
Leave a Comment
    Install the app to use these features.
    Mute ianglen
    Favourite ianglen
    Report
    Jul 4th 2017, 8:32 AM

    At this stage , this offer (however well intentioned) is unhelpful to the whole sorry situation.

    386
    Install the app to use these features.
    Mute Philip Brady
    Favourite Philip Brady
    Report
    Jul 4th 2017, 9:52 AM

    @ianglen: well the situation is that the American people voted for him. They are tired of the same old politics mostly sneaky liberal ones, that have bags of snakes and offered them nothing . Who in your opinion has been the best president of the untied states of America?

    74
    Install the app to use these features.
    Mute Leoideate
    Favourite Leoideate
    Report
    Jul 4th 2017, 10:25 AM

    @Philip Brady: kennedy

    13
    See 12 more replies ▾
    Install the app to use these features.
    Mute Francis Mc Carthy
    Favourite Francis Mc Carthy
    Report
    Jul 4th 2017, 10:27 AM

    @Philip Brady: as you’re the one that mentioned snakes.Can you tell us what do you make of Trump cutting funding by 22% to the National Health Institute and then making this “generous” offer?

    48
    Install the app to use these features.
    Mute Francis Mc Carthy
    Favourite Francis Mc Carthy
    Report
    Jul 4th 2017, 10:28 AM

    *wants to cut funding next year by 22%

    20
    Install the app to use these features.
    Mute Philip Brady
    Favourite Philip Brady
    Report
    Jul 4th 2017, 10:45 AM

    @Francis Mc Carthy: sorry Francis after our last encounter I won’t be engaging with you.

    16
    Install the app to use these features.
    Mute Francis Mc Carthy
    Favourite Francis Mc Carthy
    Report
    Jul 4th 2017, 10:54 AM

    @Philip Brady: you just made my day and I will tell you why ..I just love it when a person puts up a ridiculous post that has absolutely got nothing to do with the article, & then comes back crying like a baby when a person asks them a simple question,that is about the article :-) You are so adorable :-)

    48
    Install the app to use these features.
    Mute Kenny Hyslop
    Favourite Kenny Hyslop
    Report
    Jul 4th 2017, 11:19 AM

    @Philip Brady: What exactly do you think this article is about you moron?

    41
    Install the app to use these features.
    Mute Rowe
    Favourite Rowe
    Report
    Jul 4th 2017, 2:25 PM

    @Peedur Dante:

    Hi Francis :)

    2
    Install the app to use these features.
    Mute Rowe
    Favourite Rowe
    Report
    Jul 4th 2017, 2:26 PM

    @Francis Mc Carthy:

    Hi Peeeeedur:)

    3
    Install the app to use these features.
    Mute Dave O Keeffe
    Favourite Dave O Keeffe
    Report
    Jul 4th 2017, 2:29 PM

    @Francis Mc Carthy: seen this one yet? Americans Say Civility Has Worsened Under Trump; Trust In Institutions Down http://n.pr/2us1PJx

    8
    Install the app to use these features.
    Mute Francis Mc Carthy
    Favourite Francis Mc Carthy
    Report
    Jul 4th 2017, 5:20 PM

    @Dave O Keeffe: First time seeing that Dave.Had a little chuckle at the tiny amount of Republicans who trust the media..

    4
    Install the app to use these features.
    Mute Francis Mc Carthy
    Favourite Francis Mc Carthy
    Report
    Jul 4th 2017, 5:23 PM

    @Rowe: You still smarting from the fact that I threw at you regards Kate’s Law.Move on,let go,and get over it lad :-)

    5
    Install the app to use these features.
    Mute Leroy
    Favourite Leroy
    Report
    Jul 4th 2017, 5:54 PM

    @Leoideate: Who mostly employed conservative policies…kennedy in 2017 would most definitely be a republican

    1
    Install the app to use these features.
    Mute Charles Williams
    Favourite Charles Williams
    Report
    Jul 4th 2017, 11:15 PM

    @ianglen: Sadly, both the child and Trump have severe brain damage.

    2
    Install the app to use these features.
    Mute B9xiRspG
    Favourite B9xiRspG
    Report
    Jul 4th 2017, 8:22 AM

    Wow probably first time I had respect for the man.

    178
    Install the app to use these features.
    Mute Annie Citric
    Favourite Annie Citric
    Report
    Jul 4th 2017, 8:25 AM

    @B9xiRspG: Like he didn’t have an alternative agenda. Upcoming U.K. visit perhaps?

    213
    Install the app to use these features.
    Mute Jonny
    Favourite Jonny
    Report
    Jul 4th 2017, 8:31 AM

    @Annie Citric: It’s always about the agenda with you goons..

    161
    See 14 more replies ▾
    Install the app to use these features.
    Mute Dublin Rover
    Favourite Dublin Rover
    Report
    Jul 4th 2017, 8:33 AM

    @Jonny: That’s because it’s always about an agenda with him. He isn’t beneath using this awful situation for his own gain, he will win at any cost as his record shows.

    99
    Install the app to use these features.
    Mute The Dunes Of Inchy
    Favourite The Dunes Of Inchy
    Report
    Jul 4th 2017, 8:43 AM

    The 22 million people that are about to lose their healthcare,will no doubt be “thrilled” to hear of this “wonderful” gesture of his..

    147
    Install the app to use these features.
    Mute Reg
    Favourite Reg
    Report
    Jul 4th 2017, 9:07 AM

    @B9xiRspG: I wonder how many children die needlessly in his own country because of unaffordable healthcare.

    115
    Install the app to use these features.
    Mute Stephen
    Favourite Stephen
    Report
    Jul 4th 2017, 9:09 AM

    @Annie Citric: does it really matter if he has an agenda if the end result is the child gets the medical care that might save him?

    45
    Install the app to use these features.
    Mute Reg
    Favourite Reg
    Report
    Jul 4th 2017, 9:14 AM

    @Stephen: The UK has some of the best children’s hospitals in the world. Do you think that all that could have been done hasn’t been done already?

    84
    Install the app to use these features.
    Mute DaisyChainsaw
    Favourite DaisyChainsaw
    Report
    Jul 4th 2017, 9:23 AM

    @Stephen: Nothing is going to save that poor baby. I understand where the parents are coming from, but there comes a point when you just have to let him go with love.

    84
    Install the app to use these features.
    Mute EvieXVI
    Favourite EvieXVI
    Report
    Jul 4th 2017, 10:14 AM

    @Stephen: this baby can’t be saved – and Trump knows it. So yea it does matter – he’s using a tragedy to gain political points. That’s just wrong.

    57
    Install the app to use these features.
    Mute tk0CXKzL
    Favourite tk0CXKzL
    Report
    Jul 4th 2017, 10:49 AM

    @B9xiRspG: dont be fooled. he’s doing it for his own gain no doubt.

    30
    Install the app to use these features.
    Mute The Thinker
    Favourite The Thinker
    Report
    Jul 4th 2017, 11:18 AM

    @B9xiRspG: @come on. It’s not because of a kind heart that he’s doing it.

    17
    Install the app to use these features.
    Mute Dave O Keeffe
    Favourite Dave O Keeffe
    Report
    Jul 4th 2017, 12:02 PM

    I really don’t care if he’s only doing it to sway public opinion if he actually does something

    12
    Install the app to use these features.
    Mute EvieXVI
    Favourite EvieXVI
    Report
    Jul 4th 2017, 1:22 PM

    @Dave O Keeffe: Afraid even the mighty Trump isn’t a miracle worker.

    8
    Install the app to use these features.
    Mute Dave O Keeffe
    Favourite Dave O Keeffe
    Report
    Jul 4th 2017, 2:20 PM

    @EvieXVI: I don’t know, he did manage to win an election

    12
    Install the app to use these features.
    Mute EvieXVI
    Favourite EvieXVI
    Report
    Jul 4th 2017, 3:39 PM

    @Dave O Keeffe: Touché!

    8
    Install the app to use these features.
    Mute Annie Citric
    Favourite Annie Citric
    Report
    Jul 5th 2017, 8:04 AM

    @Stephen: I would not want to see this child denied, no. But cherry picking is not helpful to other UK families in need nor, as many others have said, the millions of those being denied health care in the US. My question is this: why now?

    1
    Install the app to use these features.
    Mute Mandy Seiler
    Favourite Mandy Seiler
    Report
    Jul 4th 2017, 8:46 AM

    Genuine question. Can some explain why this is a matter of the courts? Don’t they usually step in if parents refuse treatment? Although, i seem to recall a similar case a few years back when parents took their son to Spain for treatment. Still, the go-fund me has raised a good bit of money, it seems, the parents and doctors are willing to try. So what is the issue?

    61
    Install the app to use these features.
    Mute The Bob
    Favourite The Bob
    Report
    Jul 4th 2017, 8:58 AM

    @Mandy Seiler: If the child’s medical team disagree with the parents’ decision about what is the best course of action for a child they can go ask the courts to make a decision. Most of the time you hear about it is when the parents are refusing treatment that the medical team thinks is essential but in this case it was them thinking that the treatment and travel would harm the child with no chance of actually benefiting.

    92
    Install the app to use these features.
    Mute Liam Whelan
    Favourite Liam Whelan
    Report
    Jul 4th 2017, 11:31 AM

    @Mandy Seiler: the doctors aren’t willing to try anymore. That’s the problem.

    36
    See 1 more reply ▾
    Install the app to use these features.
    Mute Jeanniejampots
    Favourite Jeanniejampots
    Report
    Jul 4th 2017, 2:04 PM

    @Liam Whelan: or the doctors feel that the proposed treatment and prolonging his life, such as it is, is cruel and unnecessary torture for the little fella. Doctors in Great Ormond St try to save lives everyday. For them to go this far means that they truely believe any further treatment is not in his best interests.

    41
    Install the app to use these features.
    Mute
    Favourite
    Report
    Jul 4th 2017, 11:58 AM

    I would do anything for child adult but life is only worth it if you can live it. I worked in a care home people spending years living on tubes vents etc what life is that these were people of all ages who had been involved in accidents. Pumped up with pain killers. As sad as is modern medicine should not keep this poor child alive nature took him along time ago. Let him rest.

    67
    Install the app to use these features.
    Mute Dáithí Ó Raghallaigh
    Favourite Dáithí Ó Raghallaigh
    Report
    Jul 4th 2017, 10:55 AM

    The media in America will go to town on this story, considering he is likely to place health care in America beyond the reach of millions

    32
    Install the app to use these features.
    Mute Dave O Keeffe
    Favourite Dave O Keeffe
    Report
    Jul 4th 2017, 11:02 AM

    @Dáithí Ó Raghallaigh: take it out of their hands first and then put it out if reach

    11
    Install the app to use these features.
    Mute Todd Hebert
    Favourite Todd Hebert
    Report
    Jul 4th 2017, 11:53 AM

    Dump is just using this poor baby and his family to garner sympathy. He doesn’t actual give a damn about people who can’t afford their own care in cases like this, as proven by policies and attempted legislations on his part.

    42
    Install the app to use these features.
    Mute shay o'brien
    Favourite shay o'brien
    Report
    Jul 4th 2017, 11:11 AM

    The media would have hidden this good deed also if not for his twitter.

    24
    Install the app to use these features.
    Mute EvieXVI
    Favourite EvieXVI
    Report
    Jul 4th 2017, 11:32 AM

    @shay o’brien: there is no good deed!! He has done nothing and can do nothing! It’s a twisted publicity stunt that is just giving false hope to a desperate couple.

    57
    Install the app to use these features.
    Mute Carmel Donaldson
    Favourite Carmel Donaldson
    Report
    Jul 4th 2017, 1:08 PM

    Would he make this offer to a baby from a Muslim family?

    18
    Install the app to use these features.
    Mute Al O'Saurus
    Favourite Al O'Saurus
    Report
    Jul 4th 2017, 9:28 AM

    Have to say – where are all the Trump haters now? Back to the woodwork with you.

    48
    Install the app to use these features.
    Mute DaisyChainsaw
    Favourite DaisyChainsaw
    Report
    Jul 4th 2017, 9:42 AM

    Where is Trumplethinskin’s concern for the millions of American babies and children who’ll suffer under his zeal to take their affordable health care?

    115
    Install the app to use these features.
    Mute Reg
    Favourite Reg
    Report
    Jul 4th 2017, 9:46 AM

    @Al O’Saurus: However well intentioned this is another just another Trump tweet that he has put little thought into.

    56
    See 3 more replies ▾
    Install the app to use these features.
    Mute Clíodhna Ztoical
    Favourite Clíodhna Ztoical
    Report
    Jul 4th 2017, 10:32 AM

    @Al O’Saurus: it’s a meaningless tweet and all he’s done is fan the flames of ignorance. Twitter is nothing but stupid people condemning the NHS and talking about ‘death panels’ with zero information about this case. There is no saving Charlie, he has incurable condition and his doctors state he is in pain and should not be made to suffer any more. I’m sorry for the parents, no one wants to see their child suffer but they are prolonging their childs suffering for them not him. The treatment the parents are taking about isn’t for the condition he has and the doctor who runs it has stated he doubts it will make any difference. Under an American health insurance system the plug would have been pulled along time ago or the parents would be bankrupting themselves to cover just basic treatment never mind experimental treatments.

    51
    Install the app to use these features.
    Mute Tip Top
    Favourite Tip Top
    Report
    Jul 4th 2017, 10:52 AM

    @Clíodhna Ztoical: Comment of the day, well said.

    21
    Install the app to use these features.
    Mute Fiona Fitzgerald
    Favourite Fiona Fitzgerald
    Report
    Jul 4th 2017, 4:26 PM

    @Clíodhna Ztoical: Well said. I don’t expect the parents to accept it, but they have done everything they could for their sick child, and no one could or can do more now.

    3
    Install the app to use these features.
    Mute Liam Byrne
    Favourite Liam Byrne
    Report
    Jul 4th 2017, 9:28 AM

    Irresponsible arsehole to make such an offer. To give hope where there is none will only cause further pain.

    126
    Install the app to use these features.
    Mute Void bringer
    Favourite Void bringer
    Report
    Jul 4th 2017, 10:45 AM

    @Liam Byrne: Well why don’t you say that to the parent’s, who hold for hope for their baby everyday?

    39
    Install the app to use these features.
    Mute Suzie Sunshine
    Favourite Suzie Sunshine
    Report
    Jul 4th 2017, 1:47 PM

    @Void bringer: it’s false hope and that’s not fair on them

    22
    See 1 more reply ▾
    Install the app to use these features.
    Mute Void bringer
    Favourite Void bringer
    Report
    Jul 4th 2017, 2:35 PM

    @Suzie Sunshine: The whole thing hasn’t been fair on them or Charlie.

    As a parent I can understand they will fight every breath to see their child live.
    As for this ‘experimental treatment’…I dunno who knows.

    6
    Install the app to use these features.
    Mute Dave Hogan
    Favourite Dave Hogan
    Report
    Jul 4th 2017, 9:10 AM

    Way to go donald next stop the yemen.

    19
    Install the app to use these features.
    Mute Catherine Sims
    Favourite Catherine Sims
    Report
    Jul 4th 2017, 8:29 AM

    Apparently in a post the family are saying there is no evidence the child is not brain damaged and this wasn’t submitted at the court cases. Perhaps this is being reviewed now ?? They don’t say anything more substantive than that.

    12
    Install the app to use these features.
    Mute Catherine Sims
    Favourite Catherine Sims
    Report
    Jul 4th 2017, 8:29 AM

    @Catherine Sims: sorry new evidence that should have said .

    7
    Install the app to use these features.
    Mute Giovanni Casermaggio
    Favourite Giovanni Casermaggio
    Report
    Jul 4th 2017, 11:11 AM

    He surprised me…

    5
    Install the app to use these features.
    Mute Joe Caulfield
    Favourite Joe Caulfield
    Report
    Jul 4th 2017, 11:39 AM

    Welcome to 1984. Death by soulless beurocracy.

    13
    Install the app to use these features.
    Mute Dee Mann
    Favourite Dee Mann
    Report
    Jul 6th 2017, 9:42 AM

    Fair play to TRUMP he’s damn if he does and damn if he doesn’t, he can’t win it came from a good place, there is a lot worst leaders out there then him, give him a break for some it’s so easy to hate him……… you would wonder were their minds are at

    1
Submit a report
Please help us understand how this comment violates our community guidelines.
Thank you for the feedback
Your feedback has been sent to our team for review.

Leave a commentcancel

 
JournalTv
News in 60 seconds