ICCL opposes detention length in drugs Bill

THE Criminal Justice (Drugs Trafficking) Bill is "one of the most worrying pieces of legislation to come before the Oireachtas…

THE Criminal Justice (Drugs Trafficking) Bill is "one of the most worrying pieces of legislation to come before the Oireachtas for many years", the Irish Council for Civil Liberties (ICCL) has said.

The Bill, which is currently before the Dail, will do nothing to help convict or deter major drug dealers but constitutes a serious threat to civil liberties, according to the group.

The key provision of the Bill, which allows suspects be held for up to seven days by the Garda, represents an "extraordinary quantum leap" in the length of time a person can be held without charge, according to an ICCL briefing paper on the Bill.

The maximum periods under current legislation are 12 hours (with a possible extension for eight hours sleeping time) under Section 4 of the Criminal Justice Act, 1984, and 48 hours for paramilitary linked offences under the Offences Against the State Act, 1939.

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"The Government parties and Fianna Fail have all in their time criticised the emergency legislation in Northern Ireland and Great Britain, which is based on seven day detention. But if they feel that seven day detention is excessive even for dealing with paramilitary violence, how can it be justified for non paramilitary, non terrorist offences?

"And where do we draw the line? If seven day detention can be used for drugs offences, why not for the at least equally grave offences of rape or murder?"

The group expressed its concern that the new powers would be used primarily against drug abusers.

It said the only really effective way to deal with the drugs problem was a massive educational programme about the dangers of drugs abuse, and the provision of widespread, properly funded treatment facilities for abusers who wished to kick their habit.

Colm Keena

Colm Keena

Colm Keena is an Irish Times journalist. He was previously legal-affairs correspondent and public-affairs correspondent