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10 - Care versus Crime: Safe Injecting Facilities as a Legal Crossroads in Ireland

Published online by Cambridge University Press:  13 May 2022

Orla Lynch
Affiliation:
University College Cork
James Windle
Affiliation:
University College Cork
Yasmine Ahmed
Affiliation:
University College Cork
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Summary

This chapter serves to examine the history of Irish drug policy, specifically in terms of persons who inject drugs (PIDs). A survey of law and policy in this area reveals that the historical approach of prohibition and strict criminalization has partially ceded to one which privileges harm reduction through calculated interventions. One such intervention of recent vintage has been the proposal of supervised injection facilities (SIFs). On examination, much of the history of legislative interventions in the realm of drug control in Ireland has been maladaptive to the aims of controlling drug use and reducing the societal ills that stem from drug use. As such, the promotion, on the part of government, of SIFs signals a change of approach – solidifying a greater commitment to harm-reduction measures and enshrining an ethos of care for the individual. While this shift in policy has been welcomed by many, practical difficulties have arisen in terms of the placement and operation of a SIF proposed for Merchants Quay, Dublin. In the following section, a survey of Irish drug policy over a number of decades reveals a gradual acceptance of a public health approach towards PIDs, as opposed to the strict and exclusive operation of the criminal law in this area.

While, at the macro level, political commitment to a public heath approach is important, individual communities equally must commit to these strategies. One example of this, which this chapter explores, is the objections to the Merchants Quay facility and the difficulties encountered in obtaining planning permission; the contentious issue of planning permission for a SIF in Merchants Quay reveals deep-seated anxieties on the part of local communities concerning the placement of these facilities. Ethical considerations are also examined to frame the political debate regarding the facility as a tension between strong paternalism and the autonomy of PIDs. In conclusion, the authors consider that SIFs adequately balance the need for the control of drugs in the interests of the community with the human rights of vulnerable PIDs.

Historical overview of Irish drug policy

Illicit drug use did not become a significant concern for Irish authorities until the mid-1960s.

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Giving Voice to Diversity in Criminological Research
‘Nothing about Us without Us’
, pp. 185 - 208
Publisher: Bristol University Press
Print publication year: 2021

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