Arrest records under the Misuse of Drugs Act
De Rossa asks for published arrest figures to monitor use of the Act’s arrest powers. Fennell says local records exist, but published charge statistics are a close proxy and compiling arrest statistics would take Gardaí away from other duties.
asked the Minister for Justice if, in view of the fact that the Misuse of Drugs Act empowers gardaí to arrest and detain on suspicion, he does not consider it appropriate that they should be required to keep a record of arrests under this Act for publication; and if he will issue instructions to this effect to the Garda.
Comment on this
The Garda Síochána do keep, at local level, records of arrests, whether made under the Act mentioned or under other powers. While they do not compile statistics of arrests as such, they compile and publish, as the Deputy is aware, statistics of charges brought under the Act and those figures should not differ much from the figure for arrests, as there is in fact no power under the Act to detain for questioning.
As a general proposition the compilation of statistics, even from a current date, is time-consuming work for the Garda Síochána, involving a diversion of manpower both at local and more central levels from the primary duties of the force. Accordingly they have to limit the statistics they compile, striking a balance between the need for information and the additional cost of adding to the amount of statistics that are compiled.
The position relating to statistics of arrest will be reviewed when the Criminal Justice Bill, which gives a limited power of detention, comes into operation.
Comment on this
Does the Minister not agree that the implementation of the Misuse of Drugs Act is important and that it contains an important power which enables the Garda to combat drug abuse and the pushing of drugs? Would she also agree that there is a need to monitor the use of the Bill to avoid any temptation to use its provisions in relation to crimes or misdemeanours which are unrelated to drug abuse? Does she agree that statistics should be available relating the number of arrests to the number of charges arising from such arrests?
Comment on this
There is a close relationship between the statistics of arrests and the number of people detained on reasonable suspicion. The Misuse of Drugs Act is only one of many statutes which give power of arrest. In addition, there are quite extensive common law powers of arrest. In relation to the compilation of statistics there is no reason why the Garda should single out arrests under the Misuse of Drugs Act in comparison with statistics in relation to arrests under the Offences Against the State Act, because that Act, unlike the others, has the power of detention.